Opinion
April 13, 2000.
Judgment, Supreme Court, New York County (Nicholas Figueroa, J.), rendered May 13, 1998, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him to concurrent terms of 1 1/2 to 4 1/2 years, unanimously affirmed.
Kenneth S. Levine, for respondent.
Judith Stern, for defendant-appellant.
WALLACH, J.P., LERNER, RUBIN, BUCKLEY, JJ.
The verdict was not against the weight of the evidence. We find no basis in the record to disturb the jury's determinations concerning credibility of witnesses.
Defendant's arguments with respect to the court's jury instructions are similar to those this Court rejected on the codefendant's appeal (People v. Lilly, 264 A.D.2d 684, 646 N.Y.S.2d 423, lv denied 94 N.Y.2d 825 [Nov 15, 1999], 1999 N.Y. LEXIS 4210), and we see no reason to reach a different result herein.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.