PEOPLE v. SPENCE


290 A.D.2d 223 (2002)

735 N.Y.S.2d 756

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MARTIN SPENCE, Appellant.

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

Decided January 3, 2002.


The verdict was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning credibility. The evidence warranted the conclusion that the distance between the drug transaction and the school in question was accurately measured and that the 1,000-foot requirement of Penal Law § 220.00 (14) (b) and § 220.44 (2) had been met.

Defendant's claim that the court's charge insufficiently delineated the separate...

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