Opinion
June 16, 1998
Appeal from the Supreme Court, New York County (Bernard Fried, J.).
The verdict was based upon legally sufficient evidence and was not against the weight of the evidence ( People v. Bleakley, 69 N.Y.2d 490). There was ample evidence that defendant possessed the drugs that were recovered from his person and from his radio with the intent to sell them. We see no reason to disturb the jury's credibility determinations.
The defendant waived his right to an adjournment prior to being arraigned as a second felony offender, and, in any event, since he did not challenge his prior conviction, no hearing was necessary ( see, CPL 400.21).
The court properly declined to deliver the "two-inference" instruction requested by defendant ( see, People v. Perry, 223 A.D.2d 479).
Concur — Milonas, J. P., Nardelli, Wallach and Saxe, JJ.