SUPREME COURT OF THE STATE OF NEW YORK Appellate Division, Fourth Judicial Department
November 9, 2012
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
TIMOTHY TURNER, DEFENDANT-APPELLANT.
Appeal from a judgment of the Monroe County Court (Richard A. Keenan, J.), rendered July 6, 2006.
People v Turner
Appellate Division, Fourth Department
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.
Released on November 9, 2012
PRESENT: SCUDDER, P.J., FAHEY, CARNI, VALENTINO, AND MARTOCHE, JJ.
The judgment convicted defendant, upon a jury verdict, of criminal possession of a controlled substance in the third degree, criminal sale of a controlled substance in the third degree and operating a motor vehicle without a license.
It is hereby ORDERED that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of, inter alia, criminal possession of a controlled substance in the third degree (Penal Law § 220.16 ). Viewing the evidence in light of the elements of the crimes as charged to the jury (see People v Danielson, 9 NY3d 342, 349), we reject defendant's contention that the verdict is against the weight of the evidence (see People v Bleakley, 69 NY2d 490, 495). "[R]esolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the jury" (People v Hernandez, 288 AD2d 489, 490, lv denied 97 NY2d 729; see People v Sorrentino, 12 AD3d 1197, 1197-1198, lv denied 4 NY3d 748; People v Hernandez, 288 AD2d 489, 490, lv denied 97 NY2d 729). Entered: November 9, 2012 Frances E. Cafarell Clerk of the Court
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