Opinion
452
March 12, 2002.
Judgment, Supreme Court, New York County (James Yates, J.), rendered September 8, 1999, convicting defendant, after a nonjury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.
Meredith Boylan for respondent.
Betsy Hutchings for defendant-appellant.
Before: Saxe, J.P., Rosenberger, Ellerin, Wallach, Marlow, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490). There is no basis upon which to disturb the court's determinations concerning identification. The undercover officer, who had ample time to observe the seller, radioed a detailed description that defendant matched, and made a prompt and reliable identification.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.