Opinion
February 18, 1999
Appeal from the Supreme Court, Bronx County (Edward Davidowitz, J.).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. Since the evidence revealed that the sale and arrest took place on the same block, it was inconsequential that the People presented evidence of the distance from defendant's arrest location to the school instead of the distance between the sale location and the school (see, People v. Zelaya, 232 A.D.2d 261). Issues of credibility were properly placed before the jury and we find no reason to disturb its determinations.
Concur — Tom, J. P., Mazzarelli, Andrias and Saxe, JJ.