Opinion
January 11, 2000
Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered April 3, 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+ to 9 years, unanimously affirmed.
Beth Beller for Respondent.
Kenneth M. Tuccillo for Defendant-Appellant.
NARDELLI, J.P., TOM, LERNER, RUBIN, SAXE, JJ.
Defendant's suppression motion was properly denied. Defendant's claims concerning the suppression hearing determination are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the arresting officer was justified in relying on the transmissions of another officer who had observed the entire drug transaction and remained in the area to direct the arrests (see, People v. Ketcham, 93 N.Y.2d 416). There was "no uncertainty concerning the identity of the individuals participating in the drug transaction." (People v. Amoateng, 141 A.D.2d 398, 400, lv denied 73 N.Y.2d 852).
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The totality of defendant's conduct during the sale, including his response to the undercover officer's request to purchase drugs, warranted a reasonable inference that defendant was a participant in the sale.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.