Opinion
October 12, 2000.
Judgment, Supreme Court, Bronx County (Denis Boyle, J., at suppression hearing; Lawrence Bernstein, J., at jury trial and sentence), rendered September 16, 1998, convicting defendant 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.
Khari P. Prescod, for respondent.
Susan J. Abraham, for defendant-appellant.
Before: Rosenberger, J.P., Williams, Lerner, Saxe, Buckley, JJ.
Defendant's suppression motion was properly denied. Defendant's argument addressed to the sufficiency of the proof of the circumstances of his detention is similar to an argument rejected by this Court on codefendant Edgardo Rodriguez's appeal (People v. Rodriguez, 271 A.D.2d 350, 708 N.Y.S.2d 283), and there is no reason to reach a different result here. We have considered and rejected defendant's remaining arguments concerning the suppression issue.
The verdict was not against the weight of the evidence. There is no basis upon which to disturb the jury's determinations concerning identification.
The court's Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see, People v. Walker, 83 N.Y.2d 455, 458-459; People v. Bennette, 56 N.Y.2d 142, 147).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.