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People v. Horsford

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


December 17, 2009

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
ALFORD HORSFORD, ETC., DEFENDANT-APPELLANT.

Judgment, Supreme Court, Bronx County (John Carter, J.), rendered October 15, 2008, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third and fourth degrees, and sentencing him, as a second felony drug offender, to an aggregate term of 4 years, unanimously affirmed.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Gonzalez, P.J., Mazzarelli, Nardelli, Acosta, RomÁn, JJ.

3152/06

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 determinations concerning credibility and identification, including its resolution of alleged inconsistencies in testimony. The identification was particularly reliable because the undercover officer followed defendant after the sale and led the field team to him.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

20091217

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