NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
December 22, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
WENDELL BROWN, DEFENDANT-APPELLANT.
Judgment, Supreme Court, New York County (Thomas Farber, J.), rendered March 13, 2007, as amended March 23, 2007, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony drug offender whose prior felony conviction was a violent felony, to a term of 31/2 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., Tom, Sweeny, Freedman, Abdus-Salaam, JJ.
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 determinations concerning credibility, including its evaluation of inconsistencies in testimony. The fact that the jury acquitted defendant of a possession count does not warrant a different result (see People v Rayam, 94 NY2d 557 ), particularly since that count was based on the testimony of an officer who was not one of the undercover officers who testified about the sale.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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