People v Phillips

People v Phillips 2007 NY Slip Op 03578 [39 AD3d 399] April 24, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 6, 2007

The People of the State of New York, Respondent,
v
Ira Phillips, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (David Crow of counsel), and Kramer Levin Naftalis & Frankel LLP, New York (Christiaan Johnson-Green of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Rither Alabre of counsel), for respondent.

Judgment, Supreme Court, Bronx County (Phylis Skloot Bamberger, J.), rendered February 18, 2005, 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 to concurrent terms of 1 to 3 years, unanimously affirmed.

The verdict was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility, including its resolution of alleged inconsistencies in police testimony (see People v Bleakley, 69 NY2d 490, 495 [1987]). Concur—Andrias, J.P., Saxe, Marlow, Nardelli and Williams, JJ.