Opinion
Submitted November 5, 1999
December 13, 1999
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Juviler, J.), rendered July 28, 1997, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Beth S. Lyons of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie, Anthea H. Bruffee, and Davis Polk Wardwell [Lisa D. Reifenberg] of counsel), for respondent.
SONDRA MILLER, J.P., CORNELIUS J. O'BRIEN, LEO F. McGINITY, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15[5]). The defendant's conviction was based primarily upon the testimony of a single police officer, who witnessed the defendant selling drugs to two men from a distance of approximately 15 feet.
"[R]esolution of issues of credibility, as well as the weight to be accorded to the evidence presented, are primarily questions to be determined by the jury, which saw and heard the witnesses" (People v. Davis, 204 A.D.2d 736 ; see also, People v. Miller, 196 A.D.2d 834 ). While the testimony of the police officer contained inconsistencies, these inconsistencies were fully explored at trial (see, People v. Tugwell, 114 A.D.2d 869, 870 ).
S. MILLER, J.P., O'BRIEN, McGINITY, and FEUERSTEIN, JJ., concur.