Opinion
62
January 28, 2003.
Judgment, Supreme Court, New York County (Renee White, J.), rendered April 17, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of 4 to 12 years, unanimously affirmed.
Zachary H. Johnson, for Respondent.
Robert S. Dean, for Defendant-Appellant.
Before: Andrias, J.P., Ellerin, Lerner, Friedman, Marlow, JJ.
The verdict was not against the weight of the evidence. Issues of credibility, including defendant's assertion that the officer's observations were physically impossible, were properly considered by the jury and there is no basis for disturbing its determinations (see People v. Bleakley, 69 N.Y.2d 490).
We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.