¶1The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the jury’s determinations concerning credibility, including its evaluation of inconsistencies in testimony. The fact that the jury *603acquitted defendant of a possession count does not warrant a different result (see People v Rayam, 94 NY2d 557 [2000]), particularly since that count was based on the testimony of an officer who was not one of the undercover officers who testified about the sale. Concur — Gonzalez, P.J., Tom, Sweeny, Freedman and Abdus-Salaam, JJ.
68 A.D.3d 602
People v. Brown
Appellate Division of the Supreme Court of the State of New York
Decided December 22, 2009
Appellate Division of the Supreme Court of the State of New York · decided 2009-12-22
Decided 2009-12-22