PEOPLE v. REYES (1999)

Supreme Court, Appellate Division, First Department, New York.

The PEOPLE of the State of New York, Respondent, v. Hector REYES, Defendant-Appellant.

Decided: February 18, 1999

TOM, J.P., MAZZARELLI, ANDRIAS and SAXE, JJ.

Maura E. Daly, for Respondent. Gerald E. Bodell, for Defendant-Appellant.

Judgment, Supreme Court, New York County (Edward McLaughlin, J.), rendered July 11, 1995, 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 61/212 to 13 years, unanimously affirmed.

Defendant's suppression motion was properly denied. Probable cause was established by defendant's resemblance to the description provided by the undercover officer, the proximity of defendant's arrest, both in distance and in time, to the drug transaction, and the absence of anyone else meeting the description.

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. We see no reason to disturb the jury's determinations concerning credibility and identification.

We perceive no abuse of sentencing discretion. We have considered and rejected defendant's remaining contentions, including those contained in his pro se supplemental brief.

MEMORANDUM DECISION.

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