Opinion
No. 389.
March 1, 2007.
Judgment, Supreme Court, New York County (Arlene D. Goldberg, J.), rendered May 5, 2005, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, 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 5½ to 11 years, unanimously affirmed.
Steven Banks, The Legal Aid Society, New York, and Cahill Gordon Reindel LLP, New York (Meredith A. Moriarty of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Joshua R. Furman of counsel), for respondent.
Before: Friedman, J.P., Marlow, Sweeny, Catterson and Malone, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( see People v Bleakley, 69 NY2d 490). There is no basis for disturbing the jury's determinations concerning credibility and identification. The two officers' identifications of defendant as the seller were corroborated by evidence of prerecorded money and additional drugs found on defendant's person.