Opinion
No. 2135 6348/04.
November 20, 2007.
Judgment, Supreme Court, New York County (Arlene R. Silverman, J.), rendered August 19, 2005, 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 4x/2 to 9 years, unanimously affirmed.
Steven Banks, The Legal Aid Society, New York (Laura Lieberman Cohen of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Jared Wolkowitz of counsel), for respondent.
Before: Andrias, J.P., Nardelli, Gonzalez, Sweeny and Malone, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis for disturbing the court's determinations concerning credibility ( see People v Bleakley, 69 NY2d 490, 495). The police account of the transaction was not implausible.