People v. Johnson

—Judgment unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him after a jury trial of criminal sale of a controlled substance in the third degree (Penal Law § 220.39 [1]) and criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]). County Court did not err in denying defendant’s motion to dismiss made upon the conclusion of the People’s proof. The testimony of the undercover officer and confidential informant regarding the drug transaction was not incredible as a matter of law (see, People v Christian [appeal No. 1], 139 AD2d…