PEOPLE v. ROSA


220 A.D.2d 315 (1995)

633 N.Y.S.2d 8

The People of the State of New York, Respondent, v. Jose Rosa, Appellant

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

October 24, 1995


The evidence was legally sufficient to support defendant's conviction for criminal possession of a controlled substance in the third degree. A police officer, utilizing high powered binoculars while positioned on a rooftop directly across the street, observed defendant remove a glassine filled with heroin from a cigarette box, which had been hidden under the front of a parked car, and exchange it for money. The officer's testimony was not rendered incredible simply because...

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