PEOPLE v. MURPHY

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

The PEOPLE of the State of New York, Respondent, v. Jorge MURPHY, Defendant-Appellant.

Decided: February 18, 1999

TOM, J.P., MAZZARELLI, ANDRIAS and SAXE, JJ. Ashley G. Marsh, for respondent. Elizabeth Sack Felber, for defendant-appellant.

Judgment, Supreme Court, Bronx County (Edward Davidowitz, J.), rendered October 25, 1996, convicting defendant, after a jury trial, of criminal sale of a controlled substance in or near school grounds and criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to concurrent terms 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.   Since the evidence revealed that the sale and arrest took place on the same block, it was inconsequential that the People presented evidence of the distance from defendant's arrest location to the school instead of the distance between the sale location and the school (see, People v. Zelaya, 232 A.D.2d 261, 648 N.Y.S.2d 93).   Issues of credibility were properly placed before the jury and we find no reason to disturb its determinations.

MEMORANDUM DECISION.