People v. Duran

236 A.D.2d 318, 654 N.Y.S.2d 309, 1997 N.Y. App. Div. LEXIS 1518

Opinion

—Judgment, Supreme Court, New York County (Frederic Berman, J.), rendered May 23, 1994, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and two counts of criminally using drug paraphernalia in the second-degree, and sentencing him to concurrent prison terms of 2 to 6 years, 1 year and 1 year, respectively, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (People v Bleakley, 69 NY2d 490). Credibility issues were properly placed before the jury and we find no basis for disturbing its findings. Concur— Sullivan, J. P., Rosenberger, Mazzarelli and Andrias, JJ.