PEOPLE v. SHELBY


5 A.D.3d 231 (2004)

772 N.Y.S.2d 820

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID SHELBY, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

March 16, 2004.


The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the jury's credibility determinations (see People v Gaimari, 176 N.Y. 84, 94 [1903]). The credible evidence warrants the conclusion that defendant was a steerer connected to several drug locations, that he initiated the transaction by offering to sell drugs to the undercover officer, that he attempted unsuccessfully to make the sale...

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