Opinion
2009
October 28, 2003.
Judgment, Supreme Court, Bronx County (Roger Hayes, J.), rendered April 16, 2001, 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 4½ to 9 years, unanimously affirmed.
David Rong, for respondent.
Marie A. Corliss, for defendant-appellant.
Before: Sullivan, J.P., Rosenberger, Lerner, Friedman, Marlow, JJ.
The verdict was not against the weight of the evidence (see People v. Bleakley, 69 N.Y.2d 490). There is no basis for disturbing the jury's determinations concerning credibility and identification. The undercover officer had an extensive opportunity to observe defendant and made a prompt and reliable identification only moments after the transaction.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.