People v Grimes
2014 NY Slip Op 00620 [114 AD3d 434]
February 4, 2014
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 26, 2014


The People of the State of New York, Respondent,
v
Darell Grimes, Appellant.

[*1] Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant.

Cyrus R. Vance, Jr., District Attorney, New York (Becky Stern of counsel), for respondent.

Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered January 24, 2012, convicting defendant, after a nonjury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony drug offender, to a term of three 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 court's credibility determinations. The evidence supported the conclusion that defendant possessed numerous glassines of heroin with the intent to sell them.

We perceive no basis for reducing the sentence. Concur—Tom, J.P., Friedman, DeGrasse, Feinman and Gische, JJ.