PEOPLE v. NIEVES (1998)

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

The PEOPLE of the State of New York, Respondent, v. Candido NIEVES, Defendant-Appellant.

Decided: October 08, 1998

Before SULLIVAN, J.P., and RUBIN, TOM and SAXE, JJ.

Elliot Felig, for respondent. Judith E. Stein, for defendant-appellant.

Judgment, Supreme Court, New York County (Patricia Williams, J.), rendered May 5, 1995, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as second felony offender, to a term of 41/212 to 9 years, unanimously affirmed.

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 regarding the reliability of the identification testimony (see, People v. Bleakley, 69 N.Y.2d 490, 515 N.Y.S.2d 761, 508 N.E.2d 672). There was ample evidence of defendant's intentional participation in the sale. Defendant's inquiry as to the amount of drugs the undercover officer desired to purchase, taken in context, was clearly part of the transaction.

MEMORANDUM DECISION.

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