PEOPLE v. BELTRAN


11 A.D.3d 330 (2004)

782 N.Y.S.2d 738

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLIE BELTRAN, Appellant.

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

October 19, 2004.


Defendant's conviction of third degree possession of a controlled substance was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility. Defendant's intent to sell the drugs found in his possession was established by evidence that he participated in two sales to undercover officers, and his acquittal of the sale charges does not warrant a different conclusion (

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