Appellate Division of the Supreme Court of New York, 2003

People v. Lluveres

People v. Lluveres
Appellate Division of the Supreme Court of New York · Decided March 11, 2003
303 A.D.2d 212; 755 N.Y.S.2d 601; 2003 N.Y. App. Div. LEXIS 2388
People v. Lluveres

Opinion of the Court

Judgment, Supreme Court, Bronx County (Robert Seewald, J.), rendered May 29, 2001, 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 [1987]). Questions of credibility and identification were properly presented to the jury, and there is no basis for disturbing its findings. The jury could have reasonably concluded that the inconsistencies in the undercover officer’s testimony were satisfactorily explained. Concur — Nardelli, J.P., Buckley, Rosenberger and Marlow, JJ.

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