| People v Godbold |
| 2008 NY Slip Op 07578 [55 AD3d 339] |
| October 7, 2008 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v JeffGodbold, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Jonathan Lenzner of counsel), forrespondent.
Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), rendered March27, 2007, convicting defendant, after a jury trial, of criminal sale of a controlled substance in thethird degree and criminal possession of a controlled substance in the third degree and sentencingdefendant to an aggregate term of two 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 nobasis for disturbing the jury's determinations concerning credibility. We do not find theundercover officer's account of the transaction to be implausible, and we reject defendant'sremaining arguments concerning the weight of the evidence.
The court properly permitted the People to elicit evidence of uncharged drug sales to otherpersons that occurred while the officer was in defendant's apartment. This evidence was highlyrelevant to establish defendant's accessorial liability and refute his claim that the codefendant wasthe only seller (see People v Carter, 77 NY2d 95, 107 [1990], cert denied 499 US967 [1991]; People v Jackson, 39 NY2d 64, 68 [1976]). The uncharged crime evidencealso completed the officer's narrative and was inextricably interwoven with the instant offense(see People v Vails, 43 NY2d 364, 368-369 [1977]; People v Gines, 36 NY2d932 [1975]). Defendant's claim that the court should have given the jury a limiting instruction asto this evidence, and his related challenge to the prosecutor's summation, are unpreserved and we[*2]decline to review them in the interest of justice. As analternative holding, we find no prejudice to defendant in either regard. Concur—Tom, J.P.,Friedman, Buckley, Acosta and Freedman, JJ.