PEOPLE v. FRANCESCHI


215 A.D.2d 330 (1995)

627 N.Y.S.2d 35

The People of the State of New York, Respondent, v. Derrick Franceschi, Appellant

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

May 25, 1995


Viewing the evidence in the light most favorable to the People (People v Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932), defendant's guilt was established beyond a reasonable doubt. The arresting officer's testimony that, from a distance of approximately 85 feet, he observed defendant, on two occasions, remove something from a secreted sandwichsize plastic bag and, from a distance of 46 to 52 feet, saw him return to...

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