People v Jackson
2008 NY Slip Op 04787 [51 AD3d 599]
May 29, 2008
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 16, 2008


The People of the State of New York, Respondent,
v
Wayne Jackson, Appellant.

[*1] Steven Banks, The Legal Aid Society, New York (David Crow of counsel), and Amy E. Howlett, New York, for appellant.

Robert M. Morgenthau, District Attorney, New York (Joseph C. Perry of counsel), for respondent.

Judgment, Supreme Court, New York County (Arlene Goldberg, J.), rendered November 16, 2006, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the fifth degree, and sentencing him, as a second felony offender, to a term of two years, 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 determinations concerning credibility, including its resolution of inconsistencies in testimony. Concur—Friedman, J.P., Williams, Catterson and Acosta, JJ.