People v. Diaz

Appellate Division of the Supreme Court of New York

People v. Diaz

127 A.D.3d 539, 5 N.Y.S.3d 730

Appellate Division of the Supreme Court of the State of New York·Decided April 16, 2015·No. 14826 3407/12·Published

Opinion

Judgment, Supreme Court, New York County (Roger S. Hayes, J.), rendered March 22, 2013, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to an aggregate term of five years, unanimously affirmed.

*540 The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s credibility determinations, including its evaluation of inconsistencies in testimony.

We perceive no basis for reducing the sentence.

Concur— Mazzarelli, J.P., Friedman, Manzanet-Daniels, Clark and Kapnick, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Judgment, Supreme Court, New York County (Roger S. Hayes, J.), rendered March 22, 2013, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to an aggregate term of five years, unanimously affirmed.

*540 The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s credibility determinations, including its evaluation of inconsistencies in testimony.

We perceive no basis for reducing the sentence.

Concur— Mazzarelli, J.P., Friedman, Manzanet-Daniels, Clark and Kapnick, JJ.

People v. Diaz, 127 A.D.3d 539, 5 N.Y.S.3d 730 (N.Y. Ct. App. 2015).

Pincite

127 A.D.3d 539 (People v. Diaz) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related