Opinion
1588
September 19, 2002.
Judgment, Supreme Court, New York County (Marcy Kahn, J.), rendered January 27, 2000, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the second degree, and sentencing him to a term of 4 years to life, unanimously affirmed.
ELLEN SUE HANDMAN, for respondent.
ALLEN FALLEK, for defendant-appellant.
Before: Wallach, J.P., Lerner, Rubin, Friedman, Gonzalez, JJ.
The verdict was not against the weight of the evidence (see People v. Bleakley, 69 N.Y.2d 490). There is no basis upon which to disturb the jury's determinations concerning identification and credibility. The undercover officer made a reliable identification of defendant, particularly since he had ample opportunities to observe defendant during two transactions in the course of an investigation.
The court properly denied defendant's request to submit a lesser included offense since there was no reasonable view of the evidence, viewed most favorably to defendant, to support such a charge. The scientific evidence positively and consistently established that the weight of the drugs was well in excess of the statutory threshold for criminal sale of a controlled substance in the second degree (see People v. Butler, 248 A.D.2d 274, lv denied 91 N.Y.2d 1005).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.