Opinion
November 9, 2000.
Judgment, Supreme Court, New York County (Ronald Zweibel, J.), rendered September 8, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentenced him, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.
Kerry Chicon, for respondent.
Michael S. Hughes, for defendant-appellant.
Before: Nardelli, J.P., Tom, Wallach, Andrias, Saxe, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning credibility.
The fact that the undercover officer's Grand Jury testimony contained an inadvertent mistake concerning a matter not essential to support an indictment in the first place did not impair the integrity of the Grand Jury proceeding and did not warrant dismissal of the indictment (see,People v. Davis, 256 A.D.2d 200, lv denied 93 N.Y.2d 898).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.