People v Toribio

People v Toribio 2007 NY Slip Op 07350 [44 AD3d 334] October 4, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 12, 2007

The People of the State of New York, Respondent,
v
Pablo Toribio, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Beth S. Lyons of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Elizabeth M. Harris of counsel), for respondent.

Judgment, Supreme Court, New York County (Michael A. Corriero, J.), rendered March 31, 2005, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the fifth degree, and sentencing him to a term of 2 to 4 years concurrent with a term of 11/3 to 4 years for violation of probation, unanimously affirmed.

Defendant's sufficiency claim is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that the verdict was based on legally sufficient evidence. We further find that the verdict and was not against the weight of the evidence. There is no basis for disturbing the jury's determinations concerning credibility and identification (see People v Bleakley, 69 NY2d 490, 495 [1987]). The identifying officer had an ample opportunity to observe defendant, and he provided a detailed and accurate description. Concur—Andrias, J.P., Sullivan, Catterson, McGuire and Malone, JJ.