Opinion
3716.
Decided May 25, 2004.
Judgment, Supreme Court, Bronx County (Robert L. Cohen, J.), rendered November 19, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4½ to 9 years, unanimously affirmed.
Center for Appellate Litigation, New York (Robert S. Dean of counsel), for appellant.
Robert T. Johnson, District Attorney, Bronx (David Rong of counsel), for respondent.
Before: Nardelli, J.P., Andrias, Ellerin, Friedman, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( see People v. Bleakley, 69 N.Y.2d 490). There is no basis for disturbing the jury's determinations concerning credibility and identification. The reliable identification testimony of both the purchasing and "ghost" undercover officers was corroborated by testimony that upon the arresting officer's approach, defendant discarded prerecorded buy money and additional drugs.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.