Opinion
(8595)
Argued November 8, 1990
Decision released November 21, 1990
Substitute information charging the defendant with the crime of possession of cocaine with intent to sell by a person who is not drug-dependent and possession of cocaine, brought to the Superior Court in the judicial district of Middlesex and tried to the court, R. O'Connell, J.; judgment of guilty of possession of cocaine with intent to sell, from which the defendant appealed to this court. Affirmed.
Susan V. Tirrell, certified legal intern, with whom was A. Paul Spinella, for the appellant (defendant).
Mary Lesser, assistant state's attorney, with whom, on the brief, were John T. Redway, state's attorney, and John Whalen, assistant state's attorney, for the appellee (state).
The defendant appeals from his conviction, after a trial to the court, of possession of cocaine with intent to sell in violation of General Statutes 21a-277 (a).
Much of the state's evidence was disputed, but it is axiomatic that this court cannot retry the facts or pass on the credibility of witnesses. State v. Speers, 17 Conn. App. 587, 592, 554 A.2d 769, cert. denied, 211 Conn. 808, 559 A.2d 1142, cert. denied, ___ U.S. ___, 110 S.Ct. 149, 107 L.Ed.2d 108, ___ U.S. ___, 110 S.Ct. 241, 107 L.Ed.2d 192 (1989). The defendant raises five claims on appeal that attack either the court's factual findings or its exercise of discretion. Our review of the record discloses that the evidence was sufficient to support the court's factual finding. The defendant has failed to demonstrate that the trial court's factual findings were clearly erroneous or that its decision was otherwise erroneous in law. Practice Book 4061; see U.S. Fidelity Guaranty Co. v. K. J. Enterprises, Inc., 19 Conn. App. 806, 563 A.2d 1386 (1989).