People v. Shelby
Opinion of the Court
Judgment, Supreme Court, New York County (Laura Visitacion-Lewis, J.), rendered May 16, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 41/2 to 9 years, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury’s credibility determinations (see People v Gaimari, 176 NY 84, 94 [1903]). The credible evidence warrants the conclusion that defendant was a steerer connected to several drug locations, that he initiated the transaction by offering to sell drugs to the undercover officer, that he attempted unsuccessfully to make the sale at one location, and that he consummated it at a second location.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.