General

The People of the State of New York, Respondent, v. Gabriel Soto, Appellant

297 A.D.2d 601747 N.Y.S.2d 359·New York Supreme Court, Appellate Division·2002·NY

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Opinion

The People of the State of New York, Respondent, v Gabriel Soto, Appellant. [747 NYS2d 359] [MAJORITY] Defendant’s conviction was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490). Viewed as a whole, the evidence, including defendant’s secretive behavior, clearly warranted the conclusion that the drugs recovered from the buyer were the same “small objects” that defendant had just been observed giving to the buyer in exchange for money. We have considered and rejected defendant’s remaining claims, including those contained in his pro se supplemental brief. Concur — Mazzarelli, J.P., Andrias, Buckley, Sullivan and Lerner, JJ.