Majority
p. 553The People of the State of New York, Respondent, v David Soto, Appellant. [931 NYS2d 229]
The verdict was based on legally sufficient evidence and 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. The evidence established that an officer had a sufficient opportunity to observe defendant making a drug sale. We have considered and rejected defendant’s remaining credibility arguments. Concur — Gonzalez, PJ., Mazzarelli, Sweeny, Abdus-Salaam and Román, JJ.
Cases cited
- People v. Danielson 9 NY3d 342 at 348-349 p. 553