Opinion
February 23, 2000
Judgment, Supreme Court, New York County (Renee White, J.), rendered February 24, 1998, 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 4 1/2 to 9 years, unanimously affirmed.
Nicholas J. Pinto, for Respondent.
Carl S. Kaplan, for Defendant-Appellant.
ROSENBERGER, J.P., NARDELLI, MAZZARELLI, WALLACH, RUBIN, JJ.
The verdict was not against the weight of the evidence. We see no reason to disturb the jury's determinations concerning credibility.
By objecting on different grounds from those raised on appeal, defendant failed to preserve his present challenge to police testimony concerning the roles of various participants in street-level narcotics operations (People v. Graves, 85 N.Y.2d 1024), and we decline to review it in the interest of justice. Were we to review this claim, we would find that this brief and limited testimony was properly admitted (People v. McAllister, 255 A.D.2d 241, lv denied 93 N.Y.2d 876) to address the circumstance that no buy money and/or drugs were recovered from defendant's person when he was arrested shortly after the alleged narcotics transaction (see People v. Lacey, 245 A.D.2d 145, lv denied 91 N.Y.2d 927; People v. Hernandez, 248 A.D.2d 149).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.