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People v. Verdejo

309 A.D.2d 674 Court N.Y. App. Div. Decision date 2003-10-28 English

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p. 674
The People of the State of New York, Respondent, v Jose Verdejo, Appellant.
[766 NYS2d 348]

Judgment, Supreme Court, Bronx County (Roger Hayes, J.), rendered April 16, 2001, 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 4V2 to 9 years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis for disturbing the jury’s determinations concerning credibility and identification. The undercover officer had an extensive opportunity to observe defendant and made a prompt and reliable identification only moments after the transaction. Concur — Sullivan, J.P., Rosenberger, Lerner, Friedman and Marlow, JJ.

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