PEOPLE v. SMITH (2004)

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered October 23, 2002, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree and criminal sale of a controlled substance in or near school grounds, and sentencing him, as a second felony offender, to concurrent terms of 7 to 14 years, unanimously affirmed.

 The verdict was not against the weight of the evidence.   Issues of credibility, including the weight to be given to inconsistencies in testimony, were properly considered by the jury and there is no basis for disturbing its determinations (see People v. Gaimari, 176 N.Y. 84, 94, 68 N.E. 112).

 Viewed as a whole, the court's charge accurately characterized the issues raised at trial and could not have misled the jury as to the nature of defendant's contentions (see People v. Job, 87 N.Y.2d 956, 641 N.Y.S.2d 589, 664 N.E.2d 500).   The court properly delivered a consciousness of guilt charge concerning defendant's statement, made to the arresting officer, that “I should have run on you.”   The statement was sufficiently probative, and any ambiguity was for the jury to consider (see People v. Yazum, 13 N.Y.2d 302, 246 N.Y.S.2d 626, 196 N.E.2d 263).

We perceive no basis for reducing the sentence.