Opinion
January 19, 1995
Appeal from the Supreme Court, Bronx County (Robert Cohen, J.).
Viewing the evidence in a light most favorable to the People and giving them the benefit of every reasonable inference (People v. Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), we find that the evidence was sufficient as a matter of law to establish defendant's identity as the seller beyond a reasonable doubt. Nor was the verdict against the weight of the evidence under the standards set forth in People v. Bleakley ( 69 N.Y.2d 490). The issues raised by defendant concerning the credibility of the testimony of the undercover officer, as well as of the ghost officer who arrested defendant, were properly placed before the jury, and we find no reason on the record before us to disturb its determination. The fact that neither prerecorded buy money nor any additional drugs were recovered from defendant's person at the time of arrest does not negate guilt (People v Diaz, 197 A.D.2d 379, 380, lv denied 82 N.Y.2d 893).
Concur — Ellerin, J.P., Ross, Williams and Tom, JJ.