Opinion
2014-11-6
The PEOPLE of the State of New York, Respondent, v. Thomas WEBB, Defendant–Appellant.
Robert S. Dean, Center for Appellate Litigation, New York (Leticia Olivera of counsel), for appellant. Cyrus R. Vance Jr., District Attorney, New York (David E.A. Crowley of counsel), and Patterson Belknap Webb & Tyler LLP, New York (Zhiqiang Liu of counsel), for respondent.
Robert S. Dean, Center for Appellate Litigation, New York (Leticia Olivera of counsel), for appellant. Cyrus R. Vance Jr., District Attorney, New York (David E.A. Crowley of counsel), and Patterson Belknap Webb & Tyler LLP, New York (Zhiqiang Liu of counsel), for respondent.
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 N.Y.3d 342, 348–349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the jury's credibility determinations. Defendant's accessorial liability ( seePenal Law § 20.00) was established by evidence supportingan inference that defendant entered a building, where he assisted his accomplice in obtaining drugs, which the accomplice then sold to an undercover officer. MAZZARELLI, J.P., ACOSTA, DeGRASSE, CLARK, JJ., concur.