Opinion
October 7, 1992
Appeal from the Supreme Court, Erie County, Kubiniec, J.
Present — Denman, P.J., Boomer, Balio, Lawton and Fallon, JJ.
Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant contends that his conviction of criminal sale of a controlled substance in the second degree and criminal possession of a controlled substance in the third degree is against the weight of the evidence. From our review of the record, we conclude that the jury, in reaching its verdict, did not fail "to give the evidence the weight it should be accorded" (People v Bleakley, 69 N.Y.2d 490, 495). Defendant contends and the People concede that the trial court erred in sentencing him to an indeterminate term of imprisonment of 8 1/2 years to life rather than 8 1/3 years to life on his conviction of criminal sale of a controlled substance in the second degree. We therefore modify his sentence accordingly.
We have reviewed defendant's remaining contention and find it to be without merit.