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