Opinion
June 29, 1993
Appeal from the Supreme Court, Bronx County (Joseph Cerbone, J.).
Viewing the evidence in a light most favorable to the prosecution and giving it 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 support the verdict finding defendant guilty of criminal sale of a controlled substance in the third degree. Moreover, upon an independent review of the facts, we find that the verdict was not against the weight of the evidence (People v. Bleakley, 69 N.Y.2d 490). The issues raised by defendant concerning the credibility of the police officers and the absence of drugs on his person when arrested were properly placed before the jury for their resolution (People v. Mosley, 112 A.D.2d 812, 813-814, affd 67 N.Y.2d 985), and, after considering the relative force of the conflicting testimony and the competing inferences that may be drawn therefrom, we find no reason to disturb the jury's determination. Nor is the sentence excessive, the instant conviction being defendant's third drug-related offense within a two-year period and his second while on probation (see, People v. Sierra, 173 A.D.2d 383, 384, lv denied 78 N.Y.2d 974).
Concur — Carro, J.P., Ellerin, Rubin and Nardelli, JJ.