The People of the State of New York, Respondent, v. David Soto, Defendant–Appellant. (2011)

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

The People of the State of New York, Respondent, v. David Soto, Defendant–Appellant.

5781

Decided: October 20, 2011

Gonzalez, P.J., Mazzarelli, Sweeny, Abdus–Salaam, Román, JJ.

Steven Banks, The Legal Aid Society, New York (Allen Fallek of counsel), for appellant. Robert T. Johnson, District Attorney, Bronx (Robert R. Sandusky, III of counsel), for respondent.

Judgment, Supreme Court, Bronx County (James M. Kindler, J.), rendered on November 5, 2008, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree and unlawful possession of marijuana, and sentencing him to a term of 1 year and a $100 fine, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Danielson, 9 NY3d 342, 348–349 [2007] ). There is no basis for disturbing the jury's credibility determinations. The evidence established that an officer had a sufficient opportunity to observe defendant making a drug sale. We have considered and rejected defendant's remaining credibility arguments.

THIS CONSTITUTES THE DECISION AND ORDER

OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

CLERK

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