PEOPLE v. HAUGHTON (2004)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Arden HAUGHTON, Defendant-Appellant.

Decided: June 15, 2004

MAZZARELLI, J.P., ANDRIAS, SULLIVAN, LERNER, GONZALEZ, JJ.

Laura R. Johnson, The Legal Aid Society, New York (Annamatesha N. Beason of counsel), for appellant. Robert M. Morgenthau, District Attorney, New York (Jennifer Chung of counsel), for respondent.

Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered July 9, 2002, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree and resisting arrest, and sentencing him, as a second felony offender, to concurrent terms of 8 to 16 years and 1 year, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility, including inconsistencies in testimony, were properly considered by the jury and there is no basis for disturbing its determinations (see People v. Gaimari, 176 N.Y. 84, 94, 68 N.E. 112). The officers' accounts of the transaction were plausible, generally consistent, and corroborated by the recovery of drugs and money from defendant.

We perceive no basis for reducing the sentence.

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