Appellate Division of the Supreme Court of New York, 2001

People v. Harris

People v. Harris
Appellate Division of the Supreme Court of New York · Decided January 16, 2001
279 A.D.2d 325; 718 N.Y.S.2d 840; 2001 N.Y. App. Div. LEXIS 469
People v. Harris

Opinion of the Court

—Judgment, Supreme Court, Bronx County (Roger Hayes, J.), rendered December 9, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds, and sentencing him to a term of 3 to 9 years, unanimously modified, as a matter of discretion in the interest of justice, to reduce the sentence imposed to a term of 2 to 6 years, and otherwise affirmed.

The verdict was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning credibility and identification.

*326We find the sentence imposed to be excessive to the extent indicated. Concur — Rosenberger, J. P., Mazzarelli, Andrias, Rubin and Saxe, JJ.

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