Opinion
June 25, 1996
Appeal from the Supreme Court, Bronx County (Nicholas Iacovetta, J.).
Upon an independent review of the facts, we see no reason to disturb the jury's determination crediting the testimony of the surveilling police officer that from a rooftop observation post he observed defendant taking money from passersby in exchange for red-capped vials handed to them by defendant's companion, and that of the arresting officer that the vials of drugs recovered from an individual identified by the surveilling officer as a buyer had the same red caps as those recovered from defendant's companion. It was within the jury's province to reject the testimony of defendant's witnesses that defendant was an innocent bystander ( People v. Bleakley, 69 N.Y.2d 490, 495; see, People v. Albelo, 199 A.D.2d 79, lv denied 83 N.Y.2d 802).
Concur — Sullivan, J.P., Milonas, Wallach, Ross and Nardelli, JJ.