Opinion
No. 3757.
May 29, 2008.
Judgment, Supreme Court, New York County (Arlene Goldberg, J.), rendered November 16, 2006, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of two years, unanimously affirmed.
Steven Banks, The Legal Aid Society, New York (David Crow of counsel), and Amy E. Howlett, New York, for appellant.
Robert M. Morgenthau, District Attorney, New York (Joseph C. Perry of counsel), for respondent.
Before: Friedman, J.P., Williams, Catterson and Acosta, JJ.
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). There is no basis for disturbing the jury's determinations concerning credibility, including its resolution of inconsistencies in testimony.