Opinion
5610
December 13, 2001.
Judgment, Supreme Court, New York County (William Leibovitz, J.), rendered November 6, 2000, convicting defendant, after a jury trial, of two counts of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 5½ to 11 years, unanimously affirmed.
Floyd R. Engelhardt, for respondent.
Laura I. Appleman, for defendant-appellant.
Before: Sullivan, P.J., Rosenberger, Williams, Tom, Friedman, JJ.
The verdict was not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490). Issues of credibility were properly presented to the jury and we find no reason to disturb its determination. The credible evidence warranted the conclusion that defendant sold the drugs that were found on the apprehended buyers shortly after the transaction.
We perceive no basis for reduction of sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.