People v. Lopez

2016 NY Slip Op 6972, 143 A.D.3d 613, 39 N.Y.S.3d 760

Opinion

Judgment, Supreme Court, New York County (Daniel P. FitzGerald, J.), rendered October 10, 2014, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of four years, unanimously modified, as a matter of discretion in the interest of justice, to the extent of reducing the prison term to three years, and otherwise affirmed.

The verdict was based on legally sufficient evidence and 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 determinations concerning credibility and identification, including its evaluation of alleged discrepancies between an officer’s description of defendant and his actual appearance.

We find the sentence excessive to the extent indicated.

Concur — Acosta, J.P., Renwick, Saxe, Feinman and Kahn, JJ.