People v. Hutchinson

173 A.D.2d 363, 569 N.Y.S.2d 731, 1991 N.Y. App. Div. LEXIS 7307

Opinion

Judgment, Supreme Court, Bronx County (Antonio Brandveen, J.), rendered April 26, 1989, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to an indeterminate prison term of 4-Vz to 9 years, unanimously affirmed.

During a "buy and bust” operation, an undercover police officer bought two vials of crack from defendant with prerecorded money. Minutes after the sale, the officer returned to his car and radioed a description of defendant to his back-up team, after which defendant was arrested. The pre-recorded buy money was recovered from defendant.

While defendant claims that his guilt was not proven beyond a reasonable doubt, and that he merely witnessed a drug transaction between other individuals, the jury obviously credited the officers’ testimony. Reviewing the evidence in a light most favorable to the People, and considering that the jury’s determination of credibility is entitled to great deference by this Court (People v Patterson, 155 AD2d 363), it is clear that the jury’s determination should not be disturbed on appeal. Concur—Sullivan, J. P., Carro, Rosenberger, Ross and Smith, JJ.