PEOPLE v. DENNIS (1999)

Judgment, Supreme Court, New York County (Michael Obus, J.), rendered June 26, 1995, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 1/212 to 9 years, unanimously affirmed.

The court's declaration of a mistrial before an entire jury was selected and sworn was proper.   Suspension of the trial for at least several days, to await the processing of defendant's new arrest, would have resulted in the unavailability of a People's witness, or, in the event the trial was adjourned for an additional week to await the return of the witness, in the unavailability of two of the six selected jurors.   Under the circumstances, absent a mistrial, the ends of justice would have been defeated (see, People v. Albarez, 209 A.D.2d 186, 618 N.Y.S.2d 528, lv. denied, 84 N.Y.2d 1028, 623 N.Y.S.2d 184, 647 N.E.2d 456).

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490, 515 N.Y.S.2d 761, 508 N.E.2d 672).   Issues of credibility were properly placed before the jury and we find no reason to disturb its findings.

MEMORANDUM DECISION.