Opinion
8959.
June 29, 2006.
Judgment, Supreme Court, New York County (Ruth Pickholz, J.), rendered September 21, 2004, 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.
Robert S. Dean, Center for Appellate Litigation, New York (Lyssa M. Sampson of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Jung Park of counsel), for respondent.
Before: Buckley, P.J., Sullivan, Williams, Catterson and McGuire, JJ., concur.
The verdict was not against the weight of the evidence ( see People v. Bleakley, 69 NY2d 490). There is no basis for disturbing the jury's determinations concerning identification and credibility. We note that defendant had a sufficient opportunity to divest himself of the buy money and of any additional drugs between the sale and his arrest.