Opinion
January 25, 2000
Judgment, Supreme Court, New York County (Patricia Williams, J.), rendered April 1, 1997, convicting defendant, after a jury trial, of three counts of criminal sale of a controlled substance in the third degree and one count of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to four concurrent terms of 4+ to 9 years, unanimously affirmed.
John Thomas Moehringer, for respondent.
Susan Epstein, for defendant-appellant.
ELLERIN, J.P., SAXE, BUCKLEY, FRIEDMAN, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the jury's determinations concerning credibility.
Defendant was not deprived of a fair trial by brief and limited background testimony regarding street-level narcotics operations, containing no suggestion of a large-scale conspiracy (see, People v. McAllister, 255 A.D.2d 241, lv denied 93 N.Y.2d 876).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.