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*480 The verdict was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348 [2007]). Defendant claimed the bag he sold to an undercover officer did not contain cocaine but rather “beat” cocaine. There is no basis for disturbing the jury’s credibility determination rejecting that claim.We find the sentence excessive to the extent indicated. Concur — Andrias, J.E, Catterson, Moskowitz, Abdus-Salaam and Román, JJ.
Document Info
Citation Numbers: 82 A.D.3d 479, 918 N.Y.2d 340
Filed Date: 3/8/2011
Precedential Status: Precedential
Modified Date: 10/19/2024