People v Ramos
2006 NY Slip Op 09510 [35 AD3d 268]
December 19, 2006
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 14, 2007


The People of the State of New York, Respondent,
v
Omar Ramos, Appellant.

[*1]Judgment, Supreme Court, Bronx County (Dominic R. Massaro, J.), rendered October 20, 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. Concur—Buckley, P.J., Tom, Mazzarelli, Friedman and McGuire, JJ.