Opinion
November 9, 1992
Appeal from the County Court, Westchester County (West, J.).
Ordered that the judgment is affirmed.
The defendant's conviction stems from four separate sales of crack cocaine to an undercover officer in Greenburgh, New York. On appeal the defendant argues that his conviction is unsupported by legally sufficient evidence because the undercover officer's testimony, in which he identified the defendant as the seller, was uncorroborated. We note that this contention is unpreserved for appellate review because it was not advanced with specificity before the trial court in support of the defendant's motion to dismiss made at the close of the People's case (see, People v Bynum, 70 N.Y.2d 858; People v Gomez, 67 N.Y.2d 843; People v Ross, 180 A.D.2d 698). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's identity as the seller beyond a reasonable doubt. The testimony of a single eyewitness is legally sufficient to support a conviction (see, People v Arroyo, 54 N.Y.2d 567, 578, cert denied 456 U.S. 979). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
Also without merit is the defendant's contention that the sentencing court improperly imposed consecutive sentences. Under the circumstances, the offenses charged constituted separate and distinct acts, and, therefore, the imposition of consecutive sentences was permissible (see, Penal Law § 70.25; People v Brathwaite, 63 N.Y.2d 839; People v Simon, 180 A.D.2d 866; People v Littlejohn, 172 A.D.2d 776).
The contentions raised in the defendant's supplemental pro se brief are either unpreserved for appellate review or without merit (see, People v Logan, 25 N.Y.2d 184, 195-196). Mangano, P.J., Sullivan, Balletta and Miller, JJ., concur.