Opinion
December 1, 1998
Appeal from the Supreme Court, Bronx County (Harold Silverman, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The People properly established a chain of custody with respect to the drugs underlying the sale count, upon which defendant was convicted, and his arguments concerning the separate drugs underlying the possession count are rendered academic by virtue of the fact that he was not convicted of that count.
The court's Sandoval ruling was a proper exercise of discretion ( see, People v. Pavao, 59 N.Y.2d 282, 292).
Concur — Milonas, J. P., Ellerin, Rubin and Mazzarelli, JJ.