People v Street
2005 NY Slip Op 02404 [16 AD3d 313]
March 29, 2005
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 18, 2005


The People of the State of New York, Respondent,
v
Ronald Street, Appellant.

[*1]Judgment, Supreme Court, New York County (Charles J. Tejada, J.), rendered June 3, 2003, convicting defendant, after a nonjury 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]). There is no basis for disturbing the court's determinations concerning credibility and identification. Although defendant relies heavily on the trial testimony of his codefendants, we note that their testimony was contradicted by their plea allocutions. Concur—Andrias, J.P., Sullivan, Williams, Gonzalez and Catterson, JJ.