PEOPLE v. HERNANDEZ


203 A.D.2d 479 (1994)

610 N.Y.S.2d 577

The People of the State of New York, Respondent, v. Diegos Hernandez, Also Known as Diagos Hernandez, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

April 18, 1994


Ordered that the judgment is modified, on the facts, by reducing the defendant's conviction to criminal possession of a controlled substance in the seventh degree and vacating the sentence imposed; as so modified, the judgment is affirmed.

Upon the exercise of our factual review power, and in light of the jury's verdict aquitting the defendant of the undercover narcotics sale with which he was charged, we conclude that the jury's further verdict convicting him of...

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