People v. Diaz

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

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: April 16, 2015
• Docket: 14826 3407/12
• Status: 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.

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.