People v. Rodriguez

216 A.D.2d 143, 628 N.Y.S.2d 1011, 1995 N.Y. App. Div. LEXIS 6623

Opinion

Judgment, Supreme Court, Bronx County (John Collins, J.), rendered March 4, 1994, convicting defendant, after jury trial, of criminal sale of a controlled substance in the third degree and sentencing him, as a second felony offender, to a term of 51/4 to 10lh years, unanimously affirmed.

Viewing the evidence in the light most favorable to the People (People v Malizia, 62 NY2d 755, 757, cert denied 469 US 932), the People proved that defendant knowingly and unlawfully sold a narcotic drug based upon the undercover officer’s trial testimony that he observed defendant remove three crack vials from his boot and exchange the vials for $15 of pre-recorded buy money, $5 of which was recovered from defendant upon his arrest. Considering defendant’s distinctive clothing, the manner in which he sold the drugs, and the drive-by identification shortly after his arrest, the jury verdict was not against the weight of the evidence (People v Bleakley, 69 NY2d 490, 495). Concur—Rosenberger, J. P., Ellerin, Kupferman, Tom and Mazzarelli, JJ.