Opinion
1179
May 20, 2003.
Judgment, Supreme Court, New York County (Charles Tejada, J.), rendered October 2, 2000, convicting defendant, after a jury 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.
Eli R. Koppel, for respondent.
Robert S. Dean, for defendant-appellant.
Before: Nardelli, J.P., Saxe, Sullivan, Wallach, Gonzalez, JJ.
The verdict was not against the weight of the evidence. Issues of credibility, including the ability of the officers to recall the details of the case, were properly considered by the jury and there is no basis for disturbing its determinations (see People v. Gaimari, 176 N.Y. 84, 94). We conclude that each of the two undercover officers had a clear recollection of the pertinent facts.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.