Opinion
2487
December 10, 2002.
Judgment, Supreme Court, Bronx County (Efrain Alvarado, J.), rendered November 2, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.
David Rong, for respondent.
David J. Klem, for defendant-appellant.
Before: ANDRIAS, J.P., SAXE, ROSENBERGER, LERNER, FRIEDMAN, JJ.
The verdict was not against the weight of the evidence. Issues of identification and credibility were properly considered by the jury and there is no basis for disturbing its determinations (see People v. Bleakley, 69 N.Y.2d 490; see also People v. Rayam, 94 N.Y.2d 557). The defense witness's testimony, even if credited, was not inconsistent with defendant's guilt.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.