People v. Cruz

236 A.D.2d 263, 654 N.Y.S.2d 298, 653 N.Y.S.2d 579, 1997 N.Y. App. Div. LEXIS 1284

Opinion

—Judgment, Supreme Court, New York County (Michael Obús, J.), rendered July 12, 1994, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5x/2 to 11 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). Credibility issues were properly placed before the jury, and we find no reason to disturb its determination. Concur—Wallach, J. P., Rubin, Mazzarelli and Andrias, JJ.