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The PEOPLE of the State of New York, Respondent, v. Eric WASHINGTON, Defendant-Appellant.
Judgment, Supreme Court, New York County (Michael R. Ambrecht, J.), rendered July 9, 2007, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of 8 years, unanimously affirmed.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 N.Y.3d 342, 348-349, 849 N.Y.S.2d 480, 880 N.E.2d 1 [2007] ). There is no basis for disturbing the jury's determinations concerning identification and credibility. The undercover officer made a reliable identification of defendant, which was corroborated by physical and circumstantial evidence.
The imposition of mandatory surcharges and fees by way of court documents, but without reference to the specific amounts of those assessments in the court's oral pronouncement of sentence, was lawful (see People v. Harris, 51 A.D.3d 523, 857 N.Y.S.2d 562 [2008], lv. denied 10 N.Y.3d 935, 862 N.Y.S.2d 341, 892 N.E.2d 407 [2008] ).
We perceive no basis for reducing the sentence.
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Decided: February 17, 2009
Court: Supreme Court, Appellate Division, First Department, New York.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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