People v. Lopez

297 A.D.2d 561, 747 N.Y.2d 156, 747 N.Y.S.2d 156, 2002 N.Y. App. Div. LEXIS 8443

Opinion

The verdict was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490). There is no basis upon which to disturb the jury’s determinations concerning identification and credibility. The undercover officer made a reliable identification of defendant, particularly since he had ample opportunities to observe defendant during two transactions in the course of an investigation.

The court properly denied defendant’s request to submit a lesser included offense since there was no reasonable view of the evidence, viewed most favorably to defendant, to support such a charge. The scientific evidence positively and consistently established that the weight of the drugs was well in excess of the statutory threshold for criminal sale of a controlled substance in the second degree (see People v Butler, 248 AD2d 274, Iv denied 91 NY2d 1005). Concur — Wallach, J.P., Lerner, Rubin, Friedman and Gonzalez, JJ.