Opinion
January 6, 2000
Judgment, Supreme Court, New York County (Jay Gold, J., at nonjury trial; Richard Carruthers, J., at sentence), rendered January 20, 1998, convicting him of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4+ to 9 years, unanimously affirmed.
Shari R. Michels, for respondent.
Amy K. Schiava, for defendant-appellant.
NARDELLI, J.P., TOM, MAZZARELLI, ELLERIN, FRIEDMAN, 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 court's determinations concerning credibility.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.