Opinion
October 7, 1993
Appeal from the Supreme Court, Bronx County (Lawrence H. Bernstein, J.).
Viewing the evidence in a light most favorable to the People and giving them the benefit of every reasonable inference (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), we find that the evidence was sufficient as a matter of law to establish defendant's identity as the seller beyond a reasonable doubt. The absence of prerecorded buy money or additional drugs at the time of arrest does not negate guilt (People v. Walker, 186 A.D.2d 62, 63, lv denied 81 N.Y.2d 767). Moreover, the issues of the lighting conditions and the undercover's preparation of the police report are matters appropriately left for the jury.
We note that the jury deliberated for many hours after the Allen charge before rendering its verdict, negating the contention that the charge was coercive (see, People v. Glover, 165 A.D.2d 761, 763, lv denied 77 N.Y.2d 877).
We have considered defendant's remaining claims and find them meritless.
Concur — Sullivan, J.P., Rosenberger, Ross and Asch, JJ.