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People v. Mitchell

NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT


June 1, 2010

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
ALTON MITCHELL, DEFENDANT-APPELLANT.

Judgment, Supreme Court, New York County (Ruth Pickholz, J., at Darden hearing; Lewis Bart Stone, J. at jury trial and sentence), rendered March 9, 2007, convicting defendant of criminal possession of a controlled substance in the third and fourth degrees and criminally using drug paraphernalia in the second degree, and sentencing him, as a second felony drug offender, to an aggregate term of 7 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., Sweeny, Acosta, Renwick, RomÁn, JJ.

401/06

Defendant's legal sufficiency argument is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we find that the verdict was based on legally sufficient evidence. Furthermore, 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 jury's determinations concerning credibility. The credible evidence supports the conclusion that defendant possessed the drugs in question.

Defendant did not preserve his Confrontation Clause argument, and we decline to review it in the interest of justice. As an alternative holding, we find that the business record at issue was not testimonial (see People v Freycinet, 11 NY3d 38 [2008]).

The actions taken by the court to maintain the confidentiality of an informant's identity in connection with a Darden hearing (People v Darden, 34 NY2d 177 [1974]) and other procedures relating to the search warrant were not unconstitutional (People v Castillo, 80 NY2d 578 [1992], cert denied 507 US 1033 [1993]).

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

20100601

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