Opinion
October 18, 2001.
Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered March 15, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to concurrent terms of 4½ to 9 years, unanimously affirmed.
Barbara Jane Hutter, for respondent.
Karen Marcus, for defendant-appellant.
Before: Sullivan, P.J., Williams, Tom, Mazzarelli, Andrias, JJ.
The verdict was not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490). Issues of identification and credibility, including the weight to be given to inconsistencies in testimony, were properly considered by the trier of facts and there is no basis upon which to disturb its determinations. We have considered and rejected defendant's remaining contentions.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.