Opinion
1488, 1489
June 24, 2003.
Judgments, Supreme Court, New York County (Daniel FitzGerald, J.), rendered November 26, 2001, convicting each defendant, after a jury trial, of two counts of criminal sale of a controlled substance in the third degree, and sentencing each defendant, as a second felony offender, to concurrent terms of 6 to 12 years, unanimously affirmed.
Jeffrey W. Davis, for respondent.
Robert Budner, for defendant-appellant.
Jeffrey W. Davis, for respondent.
Philip A. Irwin, for defendant-appellant.
Before: Nardelli, J.P., Andrias, Saxe, Williams, Friedman, JJ.
The court properly permitted testimony concerning uncharged, contemporaneous apparent drug sales, since this evidence, which was relevant to the issues of identification and acting in concert, was more probative than prejudicial (see People v. Carter, 77 N.Y.2d 95, 107, cert denied 499 U.S. 967; People v. Pressley, 216 A.D.2d 202, lv denied 86 N.Y.2d 800).
Contrary to defendant Ransom's argument, the verdict was based on legally sufficient evidence and was not against the weight of the evidence. Issues of credibility were properly considered by the jury and there is no basis for disturbing its determinations. We have considered and rejected Ransom's remaining arguments on this issue.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.