Opinion
November 30, 1999
Judgment, Supreme Court, Bronx County (Richard Price, J.), rendered January 28, 1997, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing her, as a second felony offender, to a term of 6 to 12 years, unanimously affirmed.
Michael Sobie, for Respondent.
Carl S. Kaplan, for Defendant-Appellant.
SULLIVAN, J.P., TOM, RUBIN, ANDRIAS, BUCKLEY, JJ.
In this buy and bust case, the arresting officer's brief and limited testimony regarding the undercover officer's drive-by confirmatory identification did not constitute impermissible bolstering (People v. Gonzalez, 172 A.D.2d 276, lv denied 77 N.Y.2d 995). We find nothing in the challenged testimony that could have unfairly influenced the jury's resolution of the identification and credibility issues presented at trial.
We perceive no abuse of discretion in sentencing.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.