People v. Jones

2 A.D.3d 156, 767 N.Y.S.2d 625, 2 A.D.2d 285, 768 N.Y.S.2d 596, 2003 N.Y. App. Div. LEXIS 12869

Opinion

Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered October 3, 2002, convicting defendant, after a nonjury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 41/2 to 9 years, unanimously affirmed.

The court’s verdict, which rejected defendant’s agency defense, was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis upon which to disturb the court’s determinations concerning credibility. The credible evidence established that defendant acted for his own benefit in promoting and negotiating the sale (see People v Lam Lek Chong, 45 NY2d 64, 74-75 [1978], cert denied 439 US 935 [1978]). Concur—Nardelli, J.P., Mazzarelli, Andrias and Williams, JJ.