People v. Herbin

People v Herbin (2022 NY Slip Op 06764)

People v Herbin

2022 NY Slip Op 06764

Decided on November 29, 2022

Appellate Division, First Department

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided and Entered: November 29, 2022
Before: Webber, J.P., Friedman, Kennedy, Mendez, Shulman, JJ.
Ind. No. 2500/13 Appeal No. 16729 Case No. 2020-00208

Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Claire Lynch of counsel), for respondent.

Judgment, Supreme Court, New York County (Mark R. Dwyer, J.), rendered September 3, 2019, convicting defendant, after a nonjury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of two years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court's credibility determinations. Police testimony clearly established a drug sale, and the factfinder

appropriately rejected defendant's implausible explanation for his exchange of drugs and money with an undercover officer. THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: November 29, 2022