People v. Hardy

248 A.D.2d 116, 669 N.Y.S.2d 806, 1998 N.Y. App. Div. LEXIS 1923

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 3, 1998
• Status: Published

Opinion

—Judgment, Supreme Court, New York County (Joan Sudolnik, J.), rendered November 14, 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 4V2 to 9 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence, notwithstanding the fact that the jury failed to reach a verdict on the sale count (see, People v LaSane, 232 AD2d 333, Iv denied 89 NY2d 986; People v Martinez, 165 AD2d 788, Iv denied 78 NY2d 924). Concur — Sullivan, J. P., Rosenberger, Ellerin and Tom, JJ.