Opinion
1766
October 8, 2002.
Judgment, Supreme Court, New York County (Charles Tejada, J.), rendered March 14, 2001, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third and fifth degrees and criminally using drug paraphernalia in the second degree, and sentencing him, as a second felony offender, to an aggregate term of 4 1/2 to 9 years, unanimously affirmed.
JENNIFER CHUNG, for respondent.
LAURA I. APPLEMAN, for defendant-appellant.
Before: Andrias, J.P., Saxe, Buckley, Lerner, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility were properly considered by the jury and there is no basis upon which to disturb its determinations (see People v. Gaimari, 176 N.Y. 84, 94). The officer's testimony was both plausible and corroborated by the evidence recovered from defendant's person.
We decline to invoke our interest of justice jurisdiction to dismiss the non-inclusory concurrent count (see People v. Spence, A.D.2d 223, lv denied 98 N.Y.2d 641; People v. Kulakov, 278 A.D.2d 519, lv denied 96 N.Y.2d 785).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.