People v Brown
2006 NY Slip Op 05209 [30 AD3d 347]
June 29, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 23, 2006


The People of the State of New York, Respondent,
v
Malik Brown, Appellant.

[*1]Judgment, Supreme Court, New York County (Ruth Pickholz, J.), rendered September 21, 2004, 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 not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis for disturbing the jury's determinations concerning identification and credibility. We note that defendant had a sufficient opportunity to divest himself of the buy money and of any additional drugs between the sale and his arrest. Concur—Buckley, P.J., Sullivan, Williams, Catterson and McGuire, JJ.