Opinion
3551.
Decided May 6, 2004.
Judgment, Supreme Court, New York County (Renee A. White, J.), rendered March 26, 2002, 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 4½ to 9 years, unanimously affirmed.
Robert S. Dean, Center for Appellate Litigation, New York (Bruce D. Austern of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Alan Gadlin of counsel), for respondent.
Before: Tom, J.P., Saxe, Lerner, Marlow, Gonzalez, 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). Moreover, we find the evidence to be overwhelming. There is no basis for disturbing the jury's determinations concerning identification and credibility. The undercover officer made a highly reliable identification, which was corroborated by other evidence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.