People v Howell

People v Howell 2008 NY Slip Op 09264 [56 AD3d 373] November 25, 2008 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 7, 2009

The People of the State of New York, Respondent,
v
Barron Howell, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (Laura Burde of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Sheila L. Bautista of counsel), for respondent.

Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered March 5, 2007, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the seventh degree, and sentencing him to a term of one year, unanimously affirmed.

The verdict 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 determinations concerning credibility. Defendant's possession of the drugs at issue could be readily inferred from the evidence. Concur—Lippman, P.J., Gonzalez, Moskowitz, Acosta and Renwick, JJ.