PEOPLE v. SAFFOLD (2005)

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

PEOPLE of the State of New York, Plaintiff-Respondent, v. Robert SAFFOLD, Defendant-Appellant.

Decided: December 22, 2005

PRESENT: PIGOTT, JR., P.J., HURLBUTT, SCUDDER, SMITH, AND LAWTON, JJ.

Frank H. HiscockLegal Aid Society, Syracuse (Gerald T. Barth of Counsel), for Defendant-Appellant. William J. Fitzpatrick, District Attorney, Syracuse (James P. Maxwell of Counsel), for Plaintiff-Respondent.

Defendant appeals from a judgment convicting him after a jury trial of criminal possession of a controlled substance in the third degree (Penal Law § 220.16[1] ) and criminal possession of a controlled substance in the fifth degree (§ 220.06[5] ). Contrary to defendant's contention, the verdict is not against the weight of the evidence (see generally People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672). The testimony of the police witnesses established that defendant fled when the police entered his apartment pursuant to a search warrant and that he dropped a pill bottle containing packets of crack cocaine. The testimony of defendant in which he denied that he fled from the police and discarded the drugs merely raised an issue of credibility for the jury to resolve (see generally id.). The sentence is not unduly harsh or severe.

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

MEMORANDUM:

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