Opinion
1608
September 24, 2002.
Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered May 8, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 41/2 to 9 years, unanimously affirmed.
CHRISTOPHER WILSON, for respondent.
JANE LEVITT, for defendant-appellant.
Before: Nardelli, J.P., Saxe, Buckley, Ellerin, Marlow, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v. Bleakley, 69 N.Y.2d 490). There is no basis upon which to disturb the jury's determinations concerning identification. Both the purchasing and "ghost" undercover officers made reliable identifications of defendant.
Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.