Opinion
June 9, 1998
Appeal from the Supreme Court, Bronx County (John Stackhouse, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( People v. Bleakley, 69 N.Y.2d 490). Credibility issues including inconsistencies in testimony were properly considered by the jury and we see no reason to disturb the jury's determination.
Since the convictions for possession and sale both stem. from the same glassine of heroin bought by the undercover officer, the possession count should be dismissed in the interest of justice as a non-inclusory concurrent count ( see, People v. Pinto, 235 A.D.2d 261). Defendant's other contentions concerning the possession conviction are rendered academic by this disposition.
We perceive no abuse of sentencing discretion.
Concur — Ellerin, J. P., Nardelli, Rubin, Andrias and Saxe, JJ.