Opinion
1697
October 2, 2003.
Judgment, Supreme Court, New York County (John Bradley, J.), rendered June 19, 2002, 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 4½ to 9 years, unanimously affirmed.
Heather Pearson, for respondent.
Robert S. Dean, for defendant-appellant.
Before: Nardelli, J.P., Mazzarelli, Andrias, Saxe, Williams, JJ.
The verdict was not against the weight of the evidence. Issues of credibility, including the weight to be given to inconsistencies in testimony, were properly considered by the jury and there is no basis for disturbing its determinations.
The court's Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see People v. Hayes, 97 N.Y.2d 203; People v. Walker, 83 N.Y.2d 455, 458-459; People v. Pavao, 59 N.Y.2d 282, 292).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.