Hyperlawhypertext legal database People v. Diaz 127 A.D.3d 539

← Cases

People v. Diaz

127 A.D.3d 539 Court N.Y. App. Div. Decision date 2015-04-16 English

Judges Concur— Mazzarelli, J.P., Friedman, Manzanet-Daniels, Clark and Kapnick, JJ.

Contents

Majority

p. 539
The People of the State of New York, Respondent, v Tracy Diaz, Appellant.
[5 NYS3d 730]

Judgment, Supreme Court, New York County (Roger S. Hayes, J.), rendered March 22, 2013, 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 an aggregate term of five years, unanimously affirmed.

p. 540
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 credibility determinations, including its evaluation of inconsistencies in testimony.

We perceive no basis for reducing the sentence.

Concur— Mazzarelli, J.P., Friedman, Manzanet-Daniels, Clark and Kapnick, JJ.

Cases cited