Opinion
1626-1626A
September 24, 2002.
Judgments, Supreme Court, New York County (Daniel FitzGerald, J.), rendered June 28, 2000, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and also convicting him, upon his plea of guilty, of aggravated unlicensed operation of a motor vehicle, and sentencing him, as a second felony offender, to concurrent terms of 6 to 12 years and 6 months, unanimously affirmed.
MATTHEW J. GALLUZZO, for respondent.
GINO JOSH SINGER, for defendant-appellant.
Before: Williams, P.J., Tom, Rosenberger, Friedman, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The evidence clearly warranted the inference that defendant acted in concert in the possession of drugs with intent to sell, and defendant's acquittal of the sale count does not warrant a different conclusion (see People v. Rayam, 94 N.Y.2d 557).
The court properly exercised its discretion in permitting the prosecutor to cross examine a defense witness regarding the reasons for his dismissal from the police force, including accusations that he consorted with drug dealers. In the first place, the witness raised his prior police service. The Internal Affairs Division file provided a good-faith basis for the challenged portions of the cross examination (see People v. Sorge, 301 N.Y. 198, 200), and there was nothing unduly prejudicial to defendant about the manner in which this cross examination was conducted.
The record does not establish that defendant's sentence was based on any improper criteria and we perceive no basis for reduction of sentence.
Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.