| People v Beard |
| 2008 NY Slip Op 08977 [56 AD3d 321] |
| November 18, 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 Leon Beard, Appellant. |
—[*1]
Robert M. Morgenthau, District Attorney, New York (Lucy Jane Lang of counsel), for
respondent.
Judgment, Supreme Court, New York County (Charles J. Tejada, J.), rendered March 6, 2006, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, criminal sale of a controlled substance in the fifth degree (two counts), and criminal possession of a controlled substance in the fifth degree, and sentencing him to an aggregate term 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 identification and credibility, including its resolution of minor inconsistencies in testimony. It is a reasonable inference that defendant divested himself of the prerecorded buy money in a manner that escaped detection by any of the officers. Concur—Saxe, J.P., Nardelli, Moskowitz, Renwick and Freedman, JJ.