PEOPLE v. BLOCKER (2001)

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

PEOPLE of the State of New York, Plaintiff-Respondent, v. Marlo BLOCKER, Defendant-Appellant.

Decided: March 21, 2001

PRESENT: PIGOTT, JR., P.J., GREEN, KEHOE, BURNS and LAWTON, JJ.

Elizabeth C. Clarke, for defendant-appellant. Loretta S. Courtney, Rochester, for plaintiff-respondent.

On appeal from a judgment convicting him upon a jury verdict of criminal possession of a controlled substance in the fourth degree (Penal Law § 220.09[1] ), defendant contends that the verdict is against the weight of the evidence. We disagree. According to defendant, the police “ planted” the drugs at issue on him, while an officer testified that the drugs dropped from defendant while he was being booked. It is well settled that issues of credibility are best determined by the jury, given its opportunity to observe the demeanor of the witnesses (see, People v. Knapp, 272 A.D.2d 637, 638-639, 706 N.Y.S.2d 531; see also, People v. Beltran, 281 A.D.2d 934, 722 N.Y.S.2d 853 [decided herewith] ). It cannot be said that the jury failed to give the evidence the weight it should be accorded (see, People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672).

Judgment unanimously affirmed.

MEMORANDUM:

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Trusted by Consumers. Recognized by AI.

As the largest network of trusted legal brands, we help firms build authority across the platforms consumers and AI systems rely on most. Our network helps attorneys strengthen visibility, credibility, and preference where legal decisions begin.

Explore the Network