Opinion
June 22, 1995
Appeal from the Supreme Court, Bronx County (John Collins, J.).
Viewing the evidence in the light most favorable to the People ( People v. Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932), the People proved that defendant knowingly and unlawfully sold a narcotic drug based upon the undercover officer's trial testimony that he observed defendant remove three crack vials from his boot and exchange the vials for $15 of pre-recorded buy money, $5 of which was recovered from defendant upon his arrest. Considering defendant's distinctive clothing, the manner in which he sold the drugs, and the drive-by identification shortly after his arrest, the jury verdict was not against the weight of the evidence ( People v. Bleakley, 69 N.Y.2d 490, 495).
Concur — Rosenberger, J.P., Ellerin, Kupferman, Tom and Mazzarelli, JJ.