| People v Sidberry |
| 2008 NY Slip Op 04218 [51 AD3d 464] |
| May 6, 2008 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York,
Respondent, v Marwan Sidberry, Appellant. |
—[*1]
Robert M. Morgenthau, District Attorney, New York (Alice Wiseman of counsel), for
respondent.
Judgment, Supreme Court, New York County (Eduardo Padro, J.), rendered August 8, 2005, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 5 to 10 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 jury's determinations concerning credibility and identification, particularly where the evidence included a prompt identification and the recovery of prerecorded buy money from defendant's person. The inconsistencies in testimony cited by defendant do not warrant disturbing the verdict. Concur—Tom, J.P., Andrias, Nardelli and Williams, JJ.