People v. Perez

255 A.D.2d 135, 679 N.Y.S.2d 578, 1998 N.Y. App. Div. LEXIS 11728

Opinion

—Judgment, Supreme Court, New York County (Mary McGowan Davis, J.), rendered March 21, 1997, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him to a term of 1 to 3 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, 495). The totality of defendant’s behavior, both before and during the sale, provided ample evidence from which the jury could conclude that defendant was acting as a steerer in the drug sales operation. Concur — Lerner, P. J., Sullivan, Nardelli and Rubin, JJ.