Opinion
January 27, 2000
Judgment, Supreme Court, Bronx County (Martin Marcus, J.), rendered January 13, 1997, 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 6+ to 13 years, unanimously affirmed.
Khari P. Prescod, for respondent.
Daniel Ashworth, for defendant-appellant.
NARDELLI, J.P., ELLERIN, SAXE, BUCKLEY, JJ.
The verdict was not against the weight of the evidence. We see no reason to disturb the jury's determinations concerning credibility.
We perceive no abuse of sentencing discretion and conclude that the sentence was not based on any improper criteria.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.