People v McLaren
2009 NY Slip Op 01308 [59 AD3d 280]
February 19, 2009
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, April 1, 2009


The People of the State of New York, Respondent,
v
Jian McLaren, Appellant.

—[*1] Steven Banks, The Legal Aid Society, New York (Steven R. Berko of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (Sylvia Wertheimer of counsel), for respondent.

Judgment, Supreme Court, New York County (William A. Wetzel, J.), rendered September 18, 2006 convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third and fourth degrees and criminally using drug paraphernalia in the second degree, and sentencing him to an aggregate term of one year, 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, including its assessment of the police account of the incident. Concur—Tom, J.P., Moskowitz, Acosta and Freedman, JJ.