PEOPLE v. McCULLOUGH (2009)

Judgment, Supreme Court, New York County (Lewis Bart Stone, J.), rendered April 28, 2006, convicting defendant, after a jury trial, of criminal possession of marijuana in the first degree, and sentencing him, as a second felony drug offender, to a term of 4 1/2 years, unanimously affirmed.

The verdict 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 credibility, including its rejection of defendant's testimony.   In this controlled delivery case, defendant's course of conduct warranted the conclusion that he knew the boxes he received contained a large quantity of marijuana (see People v. Reisman, 29 N.Y.2d 278, 285, 327 N.Y.S.2d 342, 277 N.E.2d 396 [1971] ).   The evidence clearly established that defendant was the intended recipient of the boxes, rather than merely accepting them for someone else in his capacity as building superintendent.   Moreover, when a detective subsequently approached and identified himself, defendant immediately disclaimed ownership of the boxes, even though the detective had said nothing about the boxes, which defendant had already placed in the basement of the building.