People v Loving (Franklin)

[*1] People v Loving (Franklin) 2009 NY Slip Op 52108(U) [25 Misc 3d 129(A)] Decided on October 13, 2009 Appellate Term, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on October 13, 2009
SUPREME COURT OF THE STATE OF NEW YORK
APPELLATE TERM: 2nd, 11th and 13th JUDICIAL DISTRICTS
PRESENT: : GOLIA, J.P., PESCE and RIOS, JJ
2007-1470 RI CR.

The People of the State of New York, Respondent,

against

Franklin Loving, Appellant.

Appeal from a judgment of the Criminal Court of the City of New York, Richmond County (Matthew A. Sciarrino, Jr., J.), rendered September 5, 2007. The judgment convicted defendant, after a nonjury trial, of attempted criminal possession of a controlled substance in the seventh degree.

ORDERED that the judgment of conviction is affirmed.

Upon a review of the record, we are of the opinion that the evidence, including testimony to the effect that there was a controlled substance in open view on a small table within arm's reach of where defendant was seated, when viewed in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), was legally sufficient to establish defendant's guilt of attempted criminal possession of a controlled
substance in the seventh degree (Penal Law §§ 110.00, 220.03; see People v Tirado, 47 AD2d 193 [1975], affd 38 NY2d 955 [1976]; People v Carpenter, 51 AD3d 1149 [2008]). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]). Accordingly, the judgment of conviction is affirmed.

Golia, J.P., Pesce and Rios, JJ., concur.
Decision Date: October 13, 2009