PEOPLE v. MACK (1998)

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

PEOPLE of the State of New York, Respondent, v. Alfred MACK, Appellant.

Decided: October 02, 1998

Before PINE, J.P., and LAWTON, PIGOTT, CALLAHAN and BOEHM, JJ.

Linda S. Reynolds by Robert Hallborg, Jr., Buffalo, for Appellant. Frank J. Clark by Paul Williams, Buffalo, for Respondent.

Defendant was convicted after a jury trial of criminal sale of a controlled substance in the third degree (Penal Law § 220.39[1] ) and criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1] ) and sentenced as a predicate felony offender. Giving the necessary deference “to the fact-finder's opportunity to view the witnesses, hear the testimony and observe demeanor”, we conclude that the verdict is not against the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672). Because of defendant's lengthy criminal history and the fact that defendant received close to the minimum sentence, the sentence is neither unduly harsh nor severe.

Judgment unanimously affirmed.

MEMORANDUM:

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