People v. Eligios

*258Defendant was found guilty of possession and sale of a controlled substance arising out of two sales of cocaine to an undercover officer in an apartment. His defense at trial was that the seller of the drugs was another person who was not apprehended. The arresting officers testified that no other person fitting defendant’s description and attire was present in the apartment, and thereby directly challenged his mistaken identification defense and placed the issue squarely for the jury’s determination. We find no reason to disturb the jury’s finding adverse to defendant on this issue.…