Opinion
March 31, 1986
Appeal from the Supreme Court, Suffolk County (McInerney, J.).
Judgment affirmed.
The defendant offered to sell a kilogram of cocaine to a police informant who arranged for its sale to an undercover Long Island Drug Enforcement Task Force agent. The informant traveled with the defendant and her boyfriend to the place where they picked up the cocaine and then placed it in the trunk of the car in which it was discovered by police after they were arrested.
The defendant's main contentions concern statements made by the prosecutor during summation and the court's charge to the jury. The record clearly indicates that the prosecutor stayed within the four corners of the evidence in his summation (see, People v Ashwal, 39 N.Y.2d 105, 109), and that the jury, after hearing the entire charge, could gather from its language the correct rules to be applied in arriving at its decision (see, People v Gardner, 59 A.D.2d 913).
The defendant's contention that her entrapment defense (Penal Law § 40.05) was proven by a preponderance of the evidence (see, People v. Calvano, 30 N.Y.2d 199; Penal Law § 25.00), is without merit, as the issue of whether that defense was established was within the province of the jury (see, People v Tucker, 96 A.D.2d 893). Bearing in mind that credibility is a matter to be determined by the trier of the facts, when viewed in the light most favorable to the People, the evidence adduced at trial was sufficient to establish the defendant's guilt beyond a reasonable doubt (see, People v. Malizia, 62 N.Y.2d 755, 757, cert denied 469 U.S. 932).
Finally, we note that the imposed sentence of two concurrent indeterminate terms of imprisonment of 19 years to life was an appropriate one within the limits of the sentencing statute. Therefore, modification is not warranted (see, People v. Junco, 43 A.D.2d 266, 268, affd 35 N.Y.2d 419, cert denied 421 U.S. 951). Mollen, P.J., Thompson, Rubin and Spatt, JJ., concur.