Opinion
01-15-2015
The PEOPLE of the State of New York, Respondent, v. Jahlyl LAYNE, Defendant–Appellant.
David K. Bertan, Bronx, for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Sara M. Zausmer of counsel), for respondent.
David K. Bertan, Bronx, for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Sara M. Zausmer of counsel), for respondent.
MAZZARELLI, J.P., SWEENY, ANDRIAS, MOSKOWITZ, RICHTER, JJ.
Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered November 29, 2011, as amended December 12, 2011, convicting defendant, after a jury trial, of conspiracy in the second and fourth degrees, and sentencing him to an aggregate term of 7 ½ to 23 ½ 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 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). Defendant's participation in a conspiracy to sell drugs and possess weapons was established by recorded telephone conversations, as well as police observations of defendant at the drug-selling location. The only reasonable interpretation of the recorded calls was that defendant was exercising a supervisory role over the operation, rather than merely chatting about other persons' criminal activity. In addition to establishing the conspiracy, defendant's instructions to others satisfied the requirement of overt acts (see People v. Lugo, 309 A.D.2d 512, 513, 765 N.Y.S.2d 23 [1st Dept.2003], lv. denied 1 N.Y.3d 598, 776 N.Y.S.2d 230, 808 N.E.2d 366 [2004] ).
The court properly admitted declarations by coconspirators during the course and in furtherance of the conspiracy. The People established a prima facie case of conspiracy against defendant based upon his own statements and other evidence, without resort to the declarations sought to be introduced (see generally People v. Salko, 47 N.Y.2d 230, 237–238, 417 N.Y.S.2d 894, 391 N.E.2d 976 [1979] ).
We perceive no basis for reducing the sentence.