Opinion
May 15, 1990
Appeal from the Supreme Court, New York County (Alvin Schlesinger, J.).
Defendant was arrested when he was observed engaging in a drug transaction, exchanging vials of crack for money. Three police officers from a distance of 20 to 30 feet in a moving patrol car with an unobstructed view of the transaction through the vehicle's front windshield saw the exchange.
It is well settled that it is the jury's function to evaluate the credibility of witnesses (People v. Bleakley, 69 N.Y.2d 490 ), and here it had a full opportunity to weigh the conflicting testimony (on both sides of the case). The conclusion of the jury, crediting the testimony of the officers, is supported by the record. The testimony establishes that the officers on a sunny day had a clear vantage point and were not too distant to make a clear observation. (See, People v Quevedo, 156 A.D.2d 265; People v. Deas, 156 A.D.2d 140.)
Concur — Kupferman, J.P., Ross, Ellerin, Wallach and Smith, JJ.