Civil Procedure · MBE-tested
The People of the State of New York, Respondent, v. Earl McClain, Appellant
30 A.D.3d 1077815 N.Y.S.2d 873·New York Supreme Court, Appellate Division·2006·NY
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Opinion
The People of the State of New York, Respondent, v Earl McClain, Appellant.
[815 NYS2d 873]
[MAJORITY]
Appeal from a judgment of the Erie County Court (Sheila A. DiTullio, J.), rendered April 8, 2004. The judgment convicted defendant, upon a jury verdict, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree.
It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him, upon a jury verdict, of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]) and criminal possession of a controlled substance in the third degree (§ 220.16 [1]). Contrary to defendant’s contention, the verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]). “Great deference is accorded to the jury’s resolution of credibility issues . . . , and it cannot be said herein that the jury failed to give the evidence the weight it should be accorded” (People v McKinnon, 15 AD3d 842, 842 [2005], lv denied 4 NY3d 888 [2005]). The sentence is not unduly harsh or severe. Present—Pigott, Jr., PJ., Hurlbutt, Scudder, Green and Hayes, JJ.