People v Cochran

People v Cochran 2009 NY Slip Op 07354 [66 AD3d 523] October 15, 2009 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, December 9, 2009

The People of the State of New York, Respondent,
v
Joseph Cochran, Also Known as Joseph C. Cochran, Appellant.

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

Robert M. Morgenthau, District Attorney, New York (Hilary Hassler of counsel), for respondent.

Judgment, Supreme Court, New York County (Renee A. White, J.), rendered May 6, 2008, convicting defendant, after a nonjury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender whose prior conviction was a violent felony, to a term of 6½ years, 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 court's determinations concerning credibility. Defendant's intent to sell the drugs he possessed was established by, among other things, an officer's testimony that he observed defendant engaging in a drug transaction. Concur—Andrias, J.P., Sweeny, Nardelli, Richter and Abdus-Salaam, JJ.