Opinion
November 23, 1999
Judgment, Supreme Court, New York County (Frederic Berman, J.), rendered February 27, 1997, 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 6 to 12 years, unanimously affirmed.
Floyd R. Engelhardt, for Respondent.
Terence J. Sweeney, for Defendant-Appellant.
SULLIVAN, J.P., WALLACH, RUBIN, SAXE, FRIEDMAN, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. There was ample evidence of defendant's participation in the drug transaction, including his unequivocal affirmative response to the undercover officer's query as to whether he was "working" as well as his conduct throughout the transaction.
Defendant's various arguments concerning his application to have the trial prosecutor recused are indistinguishable from arguments this Court rejected on a codefendant's appeal (People v. Smith, 262 A.D.2d 77, 692 N.Y.S.2d 317), and we see no reason to reach a different result herein.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.