People v. McFadden

17 A.D.3d 123, 791 N.Y.S.2d 821, 2005 N.Y. App. Div. LEXIS 3460

Opinion

Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered December 3, 2002, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to three concurrent terms of 5 to 10 years, unanimously affirmed.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). Issues of credibility and identification were properly considered by the jury and there is no basis for disturbing its determinations. The officers had a sufficient opportunity to observe the transaction, and their account of the incident was plausible. Concur—Mazzarelli, J.P., Saxe, Marlow, Gonzalez and Sweeny, JJ.