People v. Bennett

118 A.D.3d 641, 988 N.Y.S.2d 477

Opinion

Judgment, Supreme Court, New York County (Bruce Allen, J.), rendered April 19, 2011, convicting defendant, after a nonjury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, and sentencing him, as a second felony drug offender, to an aggregate term of two years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348-349 [2007]). There is no basis for disturbing the court’s determinations concerning identification and credibility.

Concur — Mazzarelli, J.E, Acosta, Freedman, Richter and Clark, JJ.