From Casetext: Smarter Legal Research

People v. Simon

Supreme Court, Appellate Division, First Department, New York.
May 7, 2015
6 N.Y.S.3d 478 (N.Y. App. Div. 2015)

Opinion

05-07-2015

The PEOPLE of the State of New York, Respondent, v. Dennis SIMON, Defendant–Appellant.

Robert S. Dean, Center for Appellate Litigation, New York (Carl S. Kaplan of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent.


Robert S. Dean, Center for Appellate Litigation, New York (Carl S. Kaplan of counsel), for appellant.Cyrus R. Vance, Jr., District Attorney, New York (Hope Korenstein of counsel), for respondent.

Opinion Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered January 18, 2013, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third and fifth degrees and unlawful possession of marijuana, and sentencing him, as a second felony drug offender, to an aggregate term of 5 years and a $100 fine, unanimously affirmed.

The verdict was not against the weight of the evidence (People v. Danielson, 9 N.Y.3d 342, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the jury's credibility determinations. The evidence, including defendant's possession of 18 bags of cocaine hidden in his underwear, supported the inference that he intended to sell the drugs. That inference was also supported by expert testimony.The court properly exercised its discretion when it admitted expert testimony concerning circumstances that indicate an intent to sell drugs (see People v. Hicks, 2 N.Y.3d 750, 778 N.Y.S.2d 745, 811 N.E.2d 7 [2004] ). The testimony was within the scope permitted under Hicks, and it did not express an opinion on the ultimate issue of defendant's intent (see People v. Gray, 113 A.D.3d 561, 979 N.Y.S.2d 517 [1st Dept.2014], lv. denied 23 n.y.3d 963, 988 n.y.s.2d 570, 11 N.E.3d 720 [2014] ; People v. Peguero, 88 A.D.3d 589, 931 N.Y.S.2d 496 [1st Dept.2011], lv. denied 18 N.Y.3d 927, 942 N.Y.S.2d 466, 965 N.E.2d 968 [2012] ).

We perceive no basis for reducing the sentence.

MAZZARELLI, J.P., DeGRASSE, RICHTER, FEINMAN, JJ., concur.


Summaries of

People v. Simon

Supreme Court, Appellate Division, First Department, New York.
May 7, 2015
6 N.Y.S.3d 478 (N.Y. App. Div. 2015)
Case details for

People v. Simon

Case Details

Full title:The PEOPLE of the State of New York, Respondent, v. Dennis SIMON…

Court:Supreme Court, Appellate Division, First Department, New York.

Date published: May 7, 2015

Citations

6 N.Y.S.3d 478 (N.Y. App. Div. 2015)
128 A.D.3d 433
2015 N.Y. Slip Op. 3915

Citing Cases

People v. Simon

Judge: Decision Reported Below: 1st Dept: 128 AD3d 433 (NY)…