| People v Layne |
| 2015 NY Slip Op 00449 [124 AD3d 466] |
| January 15, 2015 |
| Appellate Division, First Department |
[*1]
| The People of the State of New York,Respondent, v Jahlyl Layne, Appellant. |
David K. Bertan, Bronx, for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Sara M. Zausmer of counsel), forrespondent.
Judgment, Supreme Court, New York County (Edward J. McLaughlin, J.), renderedNovember 29, 2011, as amended December 12, 2011, convicting defendant, after a jurytrial, of conspiracy in the second and fourth degrees, and sentencing him to an aggregateterm of 7
The verdict was based on legally sufficient evidence and was not against the weightof the evidence (see People vDanielson, 9 NY3d 342, 348-349 [2007]). Defendant's participation in aconspiracy to sell drugs and possess weapons was established by recorded telephoneconversations, as well as police observations of defendant at the drug-selling location.The only reasonable interpretation of the recorded calls was that defendant wasexercising a supervisory role over the operation, rather than merely chatting about otherpersons' criminal activity. In addition to establishing the conspiracy, defendant'sinstructions to others satisfied the requirement of overt acts (see People v Lugo,309 AD2d 512, 513 [1st Dept 2003], lv denied 1 NY3d 598 [2004]).
The court properly admitted declarations by coconspirators during the course and infurtherance of the conspiracy. The People established a prima facie case of conspiracyagainst defendant based upon his own statements and other evidence, without resort tothe declarations sought to be introduced (see generally People v Salko, 47 NY2d230, 237-238 [1979]).
We perceive no basis for reducing the sentence. Concur—Mazzarelli, J.P.,Sweeny, Andrias, Moskowitz and Richter, JJ.