People v. Rosas

279 A.D.2d 418, 719 N.Y.S.2d 569, 2001 N.Y. App. Div. LEXIS 635

Opinion

Judgment, Supreme Court, New York County (Ira Beal, J.), rendered March 18, 1999, 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 jury’s verdict was supported by legally sufficient evidence and was not against the weight of the evidence. The jury’s inability to reach a verdict on the sale count does not warrant a different result (see, People v Rayam, 94 NY2d 557).

The court’s Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see, People v Walker, 83 NY2d 455, 458-459; People v Mattiace, 77 NY2d 269, 275-276; People v Pavao, 59 NY2d 282, 292). Concur — Rosenberger, J. P., Tom, Ellerin, Rubin and Buckley, JJ.