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The People of the State of New York v. Moises Betancourt

New York Supreme and/or Appellate Courts Appellate Division, First Department


February 14, 2012

THE PEOPLE OF THE STATE OF NEW YORK,
RESPONDENT,
v.
MOISES BETANCOURT,
DEFENDANT-APPELLANT.

People v Betancourt

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.

Decided on February 14, 2012

Mazzarelli, J.P., Saxe, Moskowitz, Freedman, Manzanet-Daniels, JJ.

Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered January 20, 2010, 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, to a term of two years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348 [2007]). There is no basis for disturbing the jury's credibility determinations, including its resolution of minor inconsistencies in testimony.

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

ENTERED: FEBRUARY 14, 2012

CLERK

20120214

© 1992-2012 VersusLaw Inc.



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