People v Hough

2008 NY Slip Op 04541 [51 AD3d 818]

May 13, 2008

Appellate Division, Second Department

As corrected through Wednesday, July 16, 2008

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

—[*1]Marianne Karas, Armonk, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Hae Jin Liu, Richard Longworth Hecht,and Anthony J. Servino of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Westchester County (Loehr,J.) rendered October 23, 2006, convicting him of criminal possession of a controlled substance inthe fifth degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The County Court properly admitted into evidence expert testimony regarding whether thequantity of PCP found in the defendant's possession was consistent with packaging for street sale,as opposed to personal use (see People vHicks, 2 NY3d 750, 751 [2004]; People v Hibbert, 27 AD3d 662, 663 [2006]).

The defendant's remaining contentions are without merit. Fisher, J.P., Covello, Angiolilloand Belen, JJ., concur.