Opinion
March 19, 1992
Appeal from the Supreme Court, Bronx County (Antonio J. Brandveen, J.).
Overwhelming evidence at trial was that defendant sold cocaine to an undercover police officer in exchange for prerecorded buy money. The encounter, although not the exchange, was observed by a backup officer who arrested defendant as he attempted to leave the scene following the purchasing officer's radio communication of the completed drug transaction and defendant's description. During a struggle with the arresting officer, four additional packages of cocaine fell to the ground from below defendant's waist. In a search incident to arrest, $110, including the prerecorded buy money, was recovered from defendant. Prior to placing defendant in a police van, the purchasing officer made a confirmatory drive-by identification of defendant as the seller.
Viewing the evidence in the light most favorable to the People and giving them the benefit of every reasonable inference (People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), the jury's determination of defendant's guilt beyond a reasonable doubt of criminal sale and possession of a controlled substance in the third degree is amply supported (see, People v Bleakley, 69 N.Y.2d 490). Any issues of credibility that may have been raised by testimony of two defense witnesses suggesting possible misidentification, or a police frame-up, were properly placed before the jury, which has the advantage of observing the demeanor of any given witness during testimony. Its determinations, not unreasonable in the circumstances, will not be disturbed by this court (see, e.g., People v Rivera, 121 A.D.2d 166, affd 68 N.Y.2d 786).
Concur — Sullivan, J.P., Wallach, Asch, Kassal and Rubin, JJ.