Opinion
2378.
December 4, 2003.
Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered October 3, 2002, convicting defendant, after a nonjury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 to 9 years, unanimously affirmed.
Benjamin Cheeks for Respondent.
Svetlana M. Kornfeind for Defendant-Appellant.
Before: Nardelli, J.P., Mazzarelli, Andrias, Williams, JJ.
The court's verdict, which rejected defendant's agency defense, was based on legally sufficient evidence and was not against the weight of the evidence ( see People v. Bleakley, 69 N.Y.2d 490). There is no basis upon which to disturb the court's determinations concerning credibility. The credible evidence established that defendant acted for his own benefit in promoting and negotiating the sale ( see People v. Lam Lek Chong, 45 N.Y.2d 64, 74-75, cert denied 439 U.S. 935).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.