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The People of the State of New York, Respondent, v. Harvys Gomez, Appellant

New York Supreme Court, Appellate Division2015-02-03
125 A.D.3d 426998 N.Y.S.2d 885

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Opinion

majority opinion

Judgment, Supreme Court, Bronx County (Edgar G. Walker, J.), rendered March 16, 2012, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of six months, concurrent with five years’ probation, 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 credibility determinations, including its evaluation of police paperwork errors and minor inconsistencies in testimony. Concur — Friedman, J.P., Andrias, Saxe, Richter and Gische, JJ.