People v. Williams

222 A.D.2d 216, 634 N.Y.S.2d 484, 1995 N.Y. App. Div. LEXIS 12619

Opinion

—Judgment, Supreme Court, Bronx County (Efrain Alvarado, J.), rendered March 23, 1994, convicting defendant, after a 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 61/2 to 13 years, unanimously affirmed.

The verdict was neither based on legally insufficient evidence nor was it against the weight of the evidence. A trained undercover officer purchased drugs from defendant and his associate in a face-to-face transaction during daylight hours and then identified them minutes later in a drive-by confirmation. That no drugs or buy money were found on defendant or his cohort upon their arrest does not render the identification unreliable (People v Johnson, 187 AD2d 404, lv denied 81 NY2d 842; People v Walker, 186 AD2d 62, lv denied 81 NY2d 767). Concur — Sullivan, J. P., Ellerin, Ross, Nardelli and Tom, JJ.