Appellate Division of the Supreme Court of New York, 2011

People v. Santiago

People v. Santiago
Appellate Division of the Supreme Court of New York · Decided March 8, 2011
82 A.D.3d 479; 918 N.Y.2d 340
People v. Santiago

Opinion of the Court

*480The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348 [2007]). Defendant claimed the bag he sold to an undercover officer did not contain cocaine but rather “beat” cocaine. There is no basis for disturbing the jury’s credibility determination rejecting that claim.

We find the sentence excessive to the extent indicated. Concur — Andrias, J.E, Catterson, Moskowitz, Abdus-Salaam and Román, JJ.

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