People v. Gomez

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Spires, J.), rendered February 15, 2006, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant contends that the prosecution failed to prove his guilt by legally sufficient evidence because the undercover officers’ testimony was so replete with inconsistencies that it was incredible as a matter of law. However, because the defense did not move for dismissal until after summations, these arguments…