Opinion
2490.
Decided December 16, 2003.
Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered November 7, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed.
Robert L. Vogel, for Respondent.
Laura Burde, for Defendant-Appellant.
Before: Nardelli, J.P., Saxe, Friedman, Marlow, Gonzalez, JJ.
The court's charge clearly conveyed the difference between the People's burden of proving defendant's guilt beyond a reasonable doubt and defendant's burden of proving his affirmative defense of duress by a preponderance of the evidence ( see People v. Zito, 299 A.D.2d 569, lv denied 99 N.Y.2d 621; People v. Balance-Soler, 298 A.D.2d 927, lv denied 99 N.Y.2d 555; see also People v. Dory, 59 N.Y.2d 121, 129).
We perceive no basis for a reduction of sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.