Opinion
February 27, 2001.
Judgment, Supreme Court, New York County (Michael Gross, J.), rendered April 30, 1997, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third and fifth degrees, and sentencing him, as a second felony offender, to concurrent terms of 4½ to 9 years and 2 to 4 years, respectively, unanimously affirmed.
Vincent Rivellese, for respondent.
Steven R. Berko, for defendant-appellant.
Before: Nardelli, J.P., Williams, Tom, Andrias, Buckley, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490). There is no basis upon which to disturb the jury's determinations concerning credibility.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.