PEOPLE v. MIDDLETON

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

The PEOPLE, etc., respondent, v. Clyde MIDDLETON, appellant.

Decided: January 30, 2007

ROBERT A. SPOLZINO, J.P., ANITA R. FLORIO, ROBERT A. LIFSON, and JOSEPH COVELLO, JJ. Lynn W.L. Fahey, New York, N.Y., for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Michael J. Balch of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rotker, J.), rendered March 10, 2004, convicting him of criminal sale of a controlled substance in the third degree, after a nonjury trial, and imposing sentence.

ORDERED that the judgment is affirmed.

 The defendant's contention that the People did not present legally sufficient evidence to establish his guilt is unpreserved for appellate review (see CPL 470.05[2];  People v. Gray, 86 N.Y.2d 10, 629 N.Y.S.2d 173, 652 N.E.2d 919).   In any event, viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt.   The evidence demonstrated that the defendant knowingly aided in the sale of crack cocaine by directing an undercover officer to “go see my man,” the codefendant, after the officer told him he wanted to buy three “dimes.”   Additionally, the defendant had $20 of prerecorded money on his person when he was arrested with his codefendant shortly after the sale (see People v. Cortijo, 251 A.D.2d 256, 257, 675 N.Y.S.2d 50).   The alleged inconsistencies in the testimony of the police detectives and police paperwork did not render that testimony incredible as a matter of law (see People v. Carver, 3 A.D.3d 503, 769 N.Y.S.2d 755;  People v. Harris, 262 A.D.2d 657, 658, 692 N.Y.S.2d 682;  People v. Senior, 203 A.D.2d 308, 612 N.Y.S.2d 901).

 Moreover, resolution of issues of credibility is primarily a matter to be determined by the factfinder, which saw and heard the witnesses, and its determination should be afforded great weight on appeal (see People v. Romero, 7 N.Y.3d 633, 644-645, 826 N.Y.S.2d 163, 859 N.E.2d 902;  People v. Mateo, 2 N.Y.3d 383, 410, 779 N.Y.S.2d 399, 811 N.E.2d 1053, cert. denied 542 U.S. 946, 124 S.Ct. 2929, 159 L.Ed.2d 828).   Upon the exercise of our factual review power (see CPL 470.15[5] ), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v. Romero, supra ).

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