People v. Hardy

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

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.