| People v Ross |
| 2009 NY Slip Op 04164 [62 AD3d 619] |
| May 28, 2009 |
| Appellate Division, First Department |
| The People of the State of New York,Respondent, v William Ross, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Adam A. Nagorski of counsel), forrespondent.
Judgment, Supreme Court, New York County (A. Kirke Bartley, J.), rendered March 5,2007, convicting defendant, after a jury trial, of criminal possession of a controlled substance inthe third and fourth degrees, and sentencing him, as a second felony drug offender, to concurrentterms of six 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. There was ample evidencesupporting the inference that defendant possessed drugs with intent to sell, including thesubstantial amount of cash and drugs recovered from defendant and the recovery of identicallypackaged drugs from the apparent buyer who accompanied defendant into a building. Although,in performing weight of evidence review, we may consider the jury's verdict on other counts(see People v Rayam, 94 NY2d 557, 563 n [2000]), we find that defendant's acquittal ofthe sale charge does not warrant a different conclusion (see People v Freeman, 298AD2d 311 [2002], lv denied 99 NY2d 582 [2003]).
We perceive no basis for reducing the sentence. Concur—Gonzalez, P.J., Mazzarelli,Buckley, Renwick and Abdus-Salaam, JJ.