People v Soto

People v Soto 2011 NY Slip Op 07356 Decided on October 20, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 20, 2011
Gonzalez, P.J., Mazzarelli, Sweeny, Abdus-Salaam, Román, JJ.
5781 4039/06

[*1]The People of the State of New York, Respondent,

v

David Soto, Defendant-Appellant.




Steven Banks, The Legal Aid Society, New York (Allen Fallek
of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (Robert R.
Sandusky, III of counsel), for respondent.

Judgment, Supreme Court, Bronx County (James M. Kindler, J.), rendered on November 5, 2008, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree and unlawful possession of marijuana, and sentencing him to a term of 1 year and a $100 fine, unanimously affirmed.

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.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: OCTOBER 20, 2011

CLERK