Opinion
October 10, 2000.
Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered April 24, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and unlawful possession of marijuana, and sentencing him, as a second felony offender, to a term of 4 1/2 to 9 years and an unconditional discharge, respectively, unanimously affirmed.
Beth Beller, for respondent.
Abigail Everett, for defendant-appellant.
Before: Sullivan, P.J., Tom, Ellerin, Rubin, Andrias, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning credibility.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.