| People v Soto |
| 2011 NY Slip Op 07356 [88 AD3d 553] |
| October 20, 2011 |
| 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 David Soto, Appellant. |
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Robert T. Johnson, District Attorney, Bronx (Robert R. Sandusky, III of counsel), for
respondent.
Judgment, Supreme Court, Bronx County (James M. Kindler, J.), rendered on November 5, 2008, convicting defendant, after a jury trial, of criminal possession of a weapon in the third degree and unlawful possession of marijuana, and sentencing him to a term of one year and a $100 fine, 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 credibility determinations. The evidence established that an officer had a sufficient opportunity to observe defendant making a drug sale. We have considered and rejected defendant's remaining credibility arguments. Concur—Gonzalez, P.J., Mazzarelli, Sweeny, Abdus-Salaam and RomÁn, JJ.