Majority
p. 116The People of the State of New York, Respondent, v David Hardy, Appellant. [669 NYS2d 806]
—Judgment, Supreme Court, New York County (Joan Sudolnik, J.), rendered November 14, 1994, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4V2 to 9 years, unanimously affirmed.
p. 117
The verdict was based on legally sufficient evidence and was not against the weight of the evidence, notwithstanding the fact that the jury failed to reach a verdict on the sale count (see, People v LaSane, 232 AD2d 333 , Iv denied 89 NY2d 986 ; People v Martinez, 165 AD2d 788 , Iv denied 78 NY2d 924 ). Concur — Sullivan, J. P., Rosenberger, Ellerin and Tom, JJ.
Cases cited
- People v. LaSane 232 AD2d 333 p. 117
- People v. Martinez 165 AD2d 788 p. 117