Opinion
September 29, 1994
Appeal from the Supreme Court, New York County, Carol Berkman, J., Budd Goodman, J.
Viewing the evidence in the light most favorable to the People (People v. Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932), the verdict was not against the weight of the evidence (People v Bleakley, 69 N.Y.2d 490, 495). One witness testified that he observed the defendant engage in three separate drug transactions, and another actually purchased seven vials of crack from defendant.
The officers proffered clear, consistent testimony at the suppression hearing, refuting defendant's present claim that the testimony of the officers was incredible (see, People v Trinidad, 177 A.D.2d 286, lv denied 79 N.Y.2d 865).
Finally, in view of defendant's prior criminal record consisting of five felony convictions, the sentence imposed was not excessive, nor an abuse of discretion (People v. Junco, 43 A.D.2d 266, 268, affd 35 N.Y.2d 419, cert denied 421 U.S. 951).
Concur — Ellerin, J.P., Ross, Asch, Rubin and Williams, JJ.