Opinion
68, 68A
January 28, 2003.
Judgments, Supreme Court, Bronx County (Joseph Cerbone, J.), rendered December 4, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and also convicting him, upon his plea of guilty, of criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to concurrent terms of 4½ to 9 years, unanimously affirmed.
William K. Clark, for Respondent.
Laura I. Appleman, for Defendant-Appellant.
Before: Andrias, J.P., Ellerin, Lerner, Friedman, Marlow, JJ.
The verdict was not against the weight of the evidence (see People v. Bleakley, 69 N.Y.2d 490). The evidence warrants the conclusion that, rather than merely directing the undercover officer to a seller, defendant actively participated in the sale (see People v. Bello, 92 N.Y.2d 523).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.