Opinion
1583
September 19, 2002.
Judgment, Supreme Court, New York County (Richard Carruthers, J.), rendered May 30, 2000, convicting defendant, after 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 6 to 12 years, unanimously affirmed.
GRACE VEE, for respondent.
ANDREW ABRAHAM, for defendant-appellant.
Before: Wallach J.P., Lerner, Rubin, Friedman, Gonzalez, 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). Issues of credibility and identification, including the weight to be given to any minor inconsistencies in testimony were properly considered by the jury and there is no basis upon which to disturb its determinations. There was extensive evidence of defendant's guilt, including reliable identifications by both the purchasing and "ghost" undercover officers, both of whom had an adequate opportunity to observe him, and the recovery of part of the prerecorded buy money from defendant's person. We perceive no basis for a reduction of sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.