Opinion
2755.
Decided January 29, 2004.
Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered June 20, 2002, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the second degree, and sentencing him to a term of 5 years to life, unanimously affirmed.
Holly Agajanian, for Respondent.
Andrew Binstock, for Defendant-Appellant.
Before: Nardelli, J.P., Andrias, Sullivan, Ellerin, Gonzalez, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( see People v. Bleakley, 69 N.Y.2d 490). The evidence warranted the conclusion that the object which defendant threw into a car was the large package of drugs recovered by the police.
The record does not establish that defendant's sentence was based on any improper criteria and we perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.