People v Haughton
2004 NY Slip Op 05144 [8 AD3d 104]
June 15, 2004
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 25, 2004


The People of the State of New York, Respondent,
v
Arden Haughton, Appellant.

[*1]Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered July 9, 2002, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree and resisting arrest, and sentencing him, as a second felony offender, to concurrent terms of 8 to 16 years and 1 year, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility, including inconsistencies in testimony, were properly considered by the jury and there is no basis for disturbing its determinations (see People v Gaimari, 176 NY 84, 94 [1903]). The officers' accounts of the transaction were plausible, generally consistent, and corroborated by the recovery of drugs and money from defendant.

We perceive no basis for reducing the sentence. Concur—Mazzarelli, J.P., Andrias, Sullivan, Lerner and Gonzalez, JJ.