Opinion
5532
December 6, 2001.
Judgment, Supreme Court, New York County (Arlene Silverman, J.), rendered December 9, 1999, convicting defendant, after a nonjury trial, of criminal sale of a controlled substance in the fourth degree, and sentencing him, as a second felony offender, to a term of 3 to 6 years, unanimously affirmed.
Before: Rosenberger, J.P., Mazzarelli, Ellerin, Wallach, Marlow, JJ.
The verdict was not against the weight of the evidence. Issues of credibility, including the weight to be given to inconsistencies in police testimony, were properly considered by the trier of facts and there is no basis upon which to disturb its determinations (see, People v. Gaimari, 176 N.Y. 84, 94). Defendant's waiver of his right to a jury trial was not rendered fatally defective by the fact that some jurors had already been selected (People v. Rodriguez, 186 A.D.2d 63, lv denied 81 N.Y.2d 765; People v. Jones, 178 A.D.2d 244, lv denied 79 N.Y.2d 1050).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.