Opinion
February 7, 2001.
Judgment, Supreme Court, Bronx County (Ira Globerman, J.), rendered December 1, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 9 to 18 years, unanimously affirmed.
Zaharah R. Markoe, for respondent.
Dawn E. Scott, for defendant-appellant.
Before: Rosenberger, J.P., Mazzarelli, Wallach, Saxe, Buckley, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Inconsistent evidence regarding the location of the sale does not render police testimony incredible as a matter of law (see, People v. Martinez, 179 A.D.2d 520, lv denied 79 N.Y.2d 1004). There is no basis upon which to disturb the jury's determinations concerning credibility.
Defendant's contentions concerning uncharged crimes evidence and the prosecutor's summation are unpreserved and we decline to review them in the interest of justice (see, People v. Balls, 69 N.Y.2d 641). Were we to review these claims, we would find that defendant was not deprived of his right to a fair trial and that there is no basis for reversal (see,People v. Ashwal, 39 N.Y.2d 105).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.