Opinion
July 12, 1985
Appeal from the Oneida County Court, Buckley, J.
Present — Hancock Jr., J.P., Callahan, Doerr, Denman and Green, JJ.
Judgment reversed, on the law, and indictment dismissed. Memorandum: The testimony convicting defendant of the sale of one tenth of a gram of cocaine was so inconsistent, contradictory and implausible, we find the record as a whole deficient and that guilt has not been established beyond a reasonable doubt as a matter of law ( see, People v. Reed, 40 N.Y.2d 204, 208; People v Santos, 38 N.Y.2d 173, 176; People v. Oyola, 6 N.Y.2d 259, 261).
All concur, except Hancock, Jr., J.P., and Callahan, J., who dissent and vote to affirm, in the following memorandum.
We would affirm. Matters of credibility are for the trier of fact ( see, People v. Thomas, 53 N.Y.2d 983). Adopting, as we must, the view of the evidence most favorable to the People ( see, People v. Kennedy, 47 N.Y.2d 196, rearg dismissed 48 N.Y.2d 635), we conclude that the verdict is supported by the weight of the evidence.