People v. Diaz

Judgment, Supreme Court, Bronx County (Barbara Newman, J.), rendered March 11, 1999, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 5 to 10 years, unanimously affirmed.

The verdict was not against the weight of the evidence. There is no basis upon which to disturb the jury’s determinations concerning identification and credibility (see, People v Gaimari, 176 NY 84, 94).

The court properly admitted evidence that immediately after the sale to the undercover officer, defendant…