People v Tyrone Jones

People v Jones 2003 NY Slip Op 19089 [1 AD3d 1063] December 4, 2003 Appellate Division, First Department As corrected through Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, February 25, 2004

The People of the State of New York, Respondent,
v
Tyrone Jones, Appellant.

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Judgment, Supreme Court, New York County (Daniel FitzGerald, J.), rendered October 3, 2002, convicting defendant, after a nonjury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4½ to 9 years, unanimously affirmed.

The court's verdict, which rejected defendant's agency defense, was based on legally sufficient evidence and was not against the weight of the evidence (see People v Bleakley, 69 NY2d 490 [1987]). There is no basis upon which to disturb the court's determinations concerning credibility. The credible evidence established that defendant acted for his own benefit in promoting and negotiating the sale (see People v Lam Lek Chong, 45 NY2d 64, 74-75 [1978], cert denied 439 US 935 [1978]). Concur—Nardelli, J.P., Mazzarelli, Andrias and Williams, JJ.