Opinion
April 20, 1993
Appeal from the Supreme Court, New York County (Richard Failla, J.).
Defendant's conviction arises from his arrest in connection with the sale of two vials of crack cocaine to an undercover police officer. Viewing the evidence at trial in the light most favorable to the People, and giving them the benefit of every reasonable inference (People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), defendant's guilt of the crime charged was proven beyond a reasonable doubt (People v Bleakley, 69 N.Y.2d 490). Contrary to defendant's argument, the testimony of the People's witnesses was not incredible as a matter of law. The alleged insufficiencies and inconsistencies in the testimony of the People's witnesses were placed before the jury and its determinations of credibility and fact, not unreasonable, will not be disturbed by this Court (People v Gruttola, 43 N.Y.2d 116, 122).
Concur — Sullivan, J.P., Rosenberger, Wallach and Kupferman, JJ.