People v. Miller

276 A.D.2d 322, 714 N.Y.S.2d 212, 2000 N.Y. App. Div. LEXIS 10534

Opinion

Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered February 24, 1997, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms of 4V2 to 9 years, unanimously affirmed.

The verdict was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning credibility.

The court’s Sandoval ruling balanced the appropriate factors and was a proper exercise of discretion (see, People v Walker, 83 NY2d 455, 458-459; People v Mattiace, 77 NY2d 269, 275-276; People v Pavao, 59 NY2d 282, 292). Concur — Rosenberger, J. P., Williams, Lerner, Saxe and Buckley, JJ.