People v. Dean

The verdict 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 credibility determinations.

Defendant was acquitted of more serious charges arising out of the same observation sale. In performing weight of evidence review, we may consider the jury’s verdict on other counts (see *579People v Rayam, 94 NY2d 557, 563 n [2000]). Nevertheless, we find that the jury’s mixed verdict does not warrant a different result. “Where a jury verdict is not repugnant, it is imprudent to speculate concerning the factual…