Opinion
Submitted April 27, 1999
June 7, 1999
Appeal by the defendant from a judgment of the Supreme Court, Kings County (McKay, J.), rendered March 12, 1997, convicting him of criminal sale of a controlled substance in the third degree (four counts) and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Lorca Morello of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie, Joyce Slevin, and Gwen Schoenfeld of counsel), for respondent.
GABRIEL M. KRAUSMAN, J.P., LEO F. McGINITY, SANDRA J. FEUERSTEIN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED the judgment is affirmed.
The charge given by the trial court was, as a whole, entirely proper ( see, People v. Sharlow, 185 A.D.2d 289, 290; People v. Ladd, 89 N.Y.2d 893, 894). The defendant's contention that the court usurped the jury's role by deciding a factual question in the jury's province is without merit ( cf., People v. Mason, 219 A.D.2d 681, 682).
The defendant's remaining contentions are without merit.