People v. Webb

122 A.D.3d 407, 994 N.Y.S.2d 537

Opinion

Judgment, Supreme Court, New York County (Lewis Bart Stone, J), rendered June 7, 2012, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and sentencing him, as a second felony drug offender previously convicted of a violent felony, to a term of six years, unanimously 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 credibility determinations. Defendant’s accessorial liability (see Penal Law § 20.00) was established by evidence supporting an inference that defendant entered a building, where he assisted his accomplice in obtaining drugs, which the accomplice then sold to an undercover officer.

Concur — Mazzarelli, J.P, Acosta, DeGrasse and Clark, JJ.