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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CASPAR SETTEMBRE, Appellant.

Judgments affirmed.

Defendant was arrested in his car while counting the money he received from an undercover police officer in exchange for 2.47 ounces of cocaine. The sale was observed by a second undercover officer as well. Defendant was in possession of an additional 1.8589 grams of cocaine when he was arrested by a third officer. The officers and the defendant testified at the trial. Defendant's proof reflected solely upon the officers' credibility. Defendant's primary contention relates to proof of his guilt at trial and centers on the credibility of witnesses who testified in detail subject to extensive cross-examinations. Issues of credibility are primarily for the jury (see, People v Gruttola, 43 N.Y.2d 116, 122). We have reviewed the evidence and find that it was sufficient to permit a rational trier of fact to conclude beyond a reasonable doubt that defendant was guilty of the crimes charged (see, People v. Contes, 60 N.Y.2d 620, 621).

We have considered defendant's remaining contentions and find them to be without merit. Mollen, P.J., Thompson, Rubin and Kunzeman, JJ., concur.

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PEOPLE v. SETTEMBRE
(Feb 3, 1986)