Opinion
3978.
Decided June 22, 2004.
Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered August 27, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, criminal sale of a controlled substance in or near school grounds and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4½ to 9 years, unanimously affirmed.
Robert S. Dean, Center for Appellate Litigation, New York (Lisa Joy Robertson of counsel), for appellant.
Roy L. Parker, appellant pro se.
Robert M. Morgenthau, District Attorney, New York (Alice Wiseman of counsel), for respondent.
Before: Buckley, P.J., Tom, Saxe, Sullivan, Friedman, JJ.
The verdict was not against the weight of the evidence. Issues of credibility, including the weight to be given to inconsistencies in testimony, were properly considered by the jury and there is no basis for disturbing its determinations ( see People v. Gaimari, 176 N.Y. 84, 94).
The court properly denied defendant's suppression motion. This Court has repeatedly rejected the precise argument raised by defendant concerning the sufficiency of an undercover officer's radio transmissions in a multiple-participant drug transaction ( see e.g. People v. Harris, 305 A.D.2d 282, lv denied 100 N.Y.2d 582).
We decline to invoke our interest of justice jurisdiction to dismiss the non-inclusory concurrent count ( see People v. Spence, 290 A.D.2d 223, lv denied 98 N.Y.2d 641; People v. Kulakov, 278 A.D.2d 519, lv denied 96 N.Y.2d 785).
We have considered and rejected defendant's remaining claims, including those contained in his pro se supplemental brief.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.