Opinion
February 25, 1992
Appeal from the Supreme Court, New York County (Martin H. Rettinger, J.).
Viewing the evidence in the light most favorable to the People (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 support the verdict finding defendant guilty beyond a reasonable doubt of both sales. While defendant contends that the testimony of the police officers was inherently incredible, the issue of credibility was exhaustively argued before the jury, and properly placed before them for resolution (People v Mosley, 112 A.D.2d 812, 814, affd 67 N.Y.2d 985). We find no reason to disturb their verdict. The failure to recover drugs from defendant or his accomplice was reasonably explained by evidence that while under observation, they had gone in and out of an abandoned building, subsequently discovered to be substantially gutted and full of garbage and debris (see, People v. Fields, 160 A.D.2d 606, 606-607, lv denied 76 N.Y.2d 788).
Concur — Sullivan, J.P., Milonas, Kupferman, Ross and Smith, JJ.