Opinion
(1571) KA 00-01615
December 21, 2001.
(Appeal from Judgment of Onondaga County Court, Aloi, J. — Criminal Possession Controlled Substance, 1st Degree.)
PRESENT: PIGOTT, JR., P.J., HAYES, WISNER, SCUDDER AND BURNS, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him following a jury trial of criminal possession of a controlled substance in the first degree (Penal Law § 220.21) and criminal possession of a controlled substance in the third degree (Penal Law § 220.16). Contrary to defendant's contention, the verdict is not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495). "Great deference is to be accorded to the fact-finder's resolution of credibility issues based upon its superior vantage point and its opportunity to view witnesses, observe demeanor and hear the testimony" ( People v. Valencia, 263 A.D.2d 874, 876, lv denied 94 N.Y.2d 799). The sentence is neither unduly harsh nor severe.