| People v Sealy |
| 2004 NY Slip Op 03683 [7 AD3d 287] |
| May 6, 2004 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Deshawn Sealy, Appellant. |
—[*1]Judgment, Supreme Court, New York County (Renee A. White, J.), rendered March 26, 2002, 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 4½ to 9 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]). Moreover, we find the evidence to be overwhelming. There is no basis for disturbing the jury's determinations concerning identification and credibility. The undercover officer made a highly reliable identification, which was corroborated by other evidence. Concur—Tom, J.P., Saxe, Lerner, Marlow and Gonzalez, JJ.