Opinion
February 9, 2000
Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered December 22, 1997, 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 1/2 to 9 years, unanimously affirmed.
Hillary Hassler, for Respondent.
Joan P. Sullivan, for Defendant-Appellant.
SULLIVAN, J.P., WILLIAMS, MAZZARELLI, WALLACH, LERNER, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the jury's determinations concerning credibility and identification.
Defendant "was not denied due process by the prosecutor's withholding of his consent to a plea bargain offer to a lesser crime because of [the codefendant's] refusal to similarly plead guilty. . . . The prosecutor is free to dictate the terms under which he or she will agree to consent to accept a guilty plea, and where such terms are not met, consent may be withheld" (People v. Antonio, 176 A.D.2d 528, 529, lv denied 79 N.Y.2d 824).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.