Appellate Division of the Supreme Court of New York, 2005

People v. Smith

People v. Smith
Appellate Division of the Supreme Court of New York · Decided February 24, 2005
15 A.D.3d 316; 789 N.Y.S.2d 881; 2005 N.Y. App. Div. LEXIS 1940
People v. Smith

Opinion of the Court

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered June 12, 2003, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 5V2 to 11 years, unanimously affirmed.

The verdict was based upon legally sufficient evidence and was not against the weight of the evidence. Issues of credibility, *317including the weight to be given to inconsistencies in testimony, were properly considered by the jury, and there is no basis for disturbing its determinations (see People v Gaimari, 176 NY 84, 94 [1903]).

We perceive no basis for reducing the sentence. Concur— Mazzarelli, J.E, Sullivan, Ellerin, Nardelli and Williams, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.