The People of the State of New York, Respondent, v. Reginald Herbin, Defendant–Appellant. (2022)

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

The People of the State of New York, Respondent, v. Reginald Herbin, Defendant–Appellant.

Ind. No. 2500 /13

Decided: November 29, 2022

Webber, J.P., Friedman, Kennedy, Mendez, Shulman, JJ.

Robert S. Dean, Center for Appellate Litigation, New York (Jody Ratner of counsel), for appellant.

Alvin L. Bragg, Jr., District Attorney, New York (Claire Lynch of counsel), for respondent.

Judgment, Supreme Court, New York County (Mark R. Dwyer, J.), rendered September 3, 2019, convicting defendant, after a nonjury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of two years, unanimously affirmed.

The verdict 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 court's credibility determinations. Police testimony clearly established a drug sale, and the factfinder

appropriately rejected defendant's implausible explanation for his exchange of drugs and money with an undercover officer.

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