PEOPLE v. PEMBERTON (2005)

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

The PEOPLE of the State of New York, Respondent, v. Ruben PEMBERTON, Defendant-Appellant.

Decided: June 07, 2005

MAZZARELLI, J.P., ANDRIAS, FRIEDMAN, GONZALEZ, CATTERSON, JJ.

Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Bree Schonbrun of counsel), for respondent.

Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered June 23, 2003, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the second degree, and sentencing him to a term of 3 years to life, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Bleakley, 69 N.Y.2d 490, 515 N.Y.S.2d 761, 508 N.E.2d 672 [1987] ). In this observation sale case, the evidence warranted the conclusion that the brown paper bag recovered from the buyer's possession, and found to contain drugs, was the same bag defendant had given to the buyer after receiving money (see e.g. People v. Bolden, 6 A.D.3d 315, 775 N.Y.S.2d 135 [2004], lv. denied 3 N.Y.3d 637, 782 N.Y.S.2d 408, 816 N.E.2d 198 [2004] ).

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Out of date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