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People v. Davis

Appellate Division of the Supreme Court of New York, First Department
Dec 22, 1998
256 A.D.2d 184 (N.Y. App. Div. 1998)

Opinion

December 22, 1998

Appeal from the Supreme Court, New York County (Charles Solomon, J.).


Defendant's suppression motion was properly denied without a hearing. Given that the felony complaint and the People's voluntary disclosure form fully disclosed the facts supporting their theory that defendant acted as a steerer and/or lookout, defendant's affirmation, which denied, in conclusory fashion, selling drugs or acting as a "steerer", but did not contest any of the facts creating probable cause to believe that defendant was a participant in the transaction, was insufficient to raise an issue warranting a hearing ( People v. Gonzalez, 247 A.D.2d 328).

The verdict was based upon legally sufficient evidence and was not against the weight of the evidence ( People v. Bleakley, 69 N.Y.2d 490). There was ample evidence, including defendant's response and instructions to the undercover purchaser, from which defendant's accessorial liability could be reasonably inferred.

Concur — Lerner, P. J., Sullivan, Milonas, Rosenberger and Ellerin, JJ.


Summaries of

People v. Davis

Appellate Division of the Supreme Court of New York, First Department
Dec 22, 1998
256 A.D.2d 184 (N.Y. App. Div. 1998)
Case details for

People v. Davis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GERYL DAVIS, Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Dec 22, 1998

Citations

256 A.D.2d 184 (N.Y. App. Div. 1998)
683 N.Y.S.2d 26

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