PEOPLE v. JOHNSON (2000)

Judgment, Supreme Court, New York County (Rena Uviller, J. at suppression hearing;  Bernard Fried, J. at jury trial and sentence), rendered May 4, 1998, convicting defendant of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 1/212 to 9 years, unanimously affirmed.

 The verdict was based on legally sufficient evidence and was not against the weight of the evidence.   There is no basis upon which to disturb the jury's determinations concerning credibility.   Defendant's accessorial liability was clearly established by evidence that defendant initiated a conversation with the undercover officer, asked the amount of drugs the officer desired, requested and received the buy money, and handed it over to his accomplice.

The court properly permitted the same officer to testify as both a fact witness and expert witness (People v. Lamboy, 228 A.D.2d 366, 644 N.Y.S.2d 715, lv. denied 88 N.Y.2d 988, 649 N.Y.S.2d 395, 672 N.E.2d 621).

 Defendant's suppression motion was properly denied.   Defendant was lawfully arrested on the basis of a sufficiently specific description, and there was no necessity for the undercover officer's radio transmission to spell out defendant's role in the sale (People v. Acevedo, 179 A.D.2d 465, 577 N.Y.S.2d 864, lv. denied 79 N.Y.2d 996, 584 N.Y.S.2d 451, 594 N.E.2d 945).

Defendant's claim that his motions for release from pretrial custody made pursuant to CPL 30.30(2) were improperly denied is moot (People ex rel. Chakwin v. Warden, 63 N.Y.2d 120, 480 N.Y.S.2d 719, 470 N.E.2d 146).

Defendant's remaining contentions are unpreserved and we decline to review them in the interest of justice.   Were we to review these claims, we would reject them.

MEMORANDUM DECISION.