NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
March 30, 2010
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
ERIC ALEJANDRO, DEFENDANT-APPELLANT.
Judgment, Supreme Court, New York County (Robert M. Stolz, J.), rendered January 7, 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 degree, and sentencing him, as a second felony drug offender, to concurrent terms of 5 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.
Mazzarelli, J.P., Sweeny, Nardelli, Acosta, Manzanet-Daniels, JJ.
The verdict 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. We do not find the police testimony to be implausible or materially inconsistent.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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