People v. Santiago — 82 A.D.3d 479

Majority

p. 479

The People of the State of New York, Respondent, v Shawn Santiago, Appellant.

[918 NYS2d 340]

p. 480

The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342 , 348 [2007]). Defendant claimed the bag he sold to an undercover officer did not contain cocaine but rather “beat” cocaine. There is no basis for disturbing the jury’s credibility determination rejecting that claim.

We find the sentence excessive to the extent indicated. Concur — Andrias, J.E, Catterson, Moskowitz, Abdus-Salaam and Román, JJ.

Cases cited

People v. Danielson 9 NY3d 342 N.Y. 2007-12-13 at 348 p. 480