PEOPLE v. SIMMONS (2004)

Supreme Court, Appellate Division, Fourth Department, New York.

PEOPLE of the State of New York, Plaintiff-Respondent, v. James SIMMONS, Defendant-Appellant.

Decided: November 19, 2004

PRESENT: HURLBUTT, J.P., KEHOE, GORSKI, MARTOCHE, AND HAYES, JJ.

The Legal Aid Bureau of Buffalo, Inc., Buffalo (Kristin M. Preve of Counsel), for Defendant-Appellant. Frank J. Clark, District Attorney, Buffalo (Wendy R. Irene of Counsel), for Plaintiff-Respondent.

Defendant appeals from a judgment convicting him following a nonjury trial of two counts of criminal possession of a controlled substance in the seventh degree (Penal Law § 220.03). We reject defendant's contention that the verdict with respect to the third count of the indictment is against the weight of the evidence. The People elicited uncontroverted testimony that defendant threw a glass smoking pipe to the ground and that forensic tests conducted on the pipe revealed the presence of cocaine. Thus, it cannot be said that the trier of fact failed to give the evidence the weight it should have been accorded (see People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM:

Was this helpful?

Easy to understand

Solved my problem

Other

Missing the information I need

Too complicated / too many steps

Out of date

Other

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go to Learn About the Law