
    The People of the State of New York, Respondent, v Michael Nichols, Appellant.
   Appeal by defendant from a judgment of the Supreme Court, Suffolk County (Mclnerney, J.), rendered March 23, 1984, convicting him of criminal sale of a controlled substance in the fifth degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

Contrary to defendant’s contention, the charge adequately explained the correct rules which the jury was to apply in arriving at its verdict. The sentence imposed was not excessive. Lazer, J. P., Gibbons, Weinstein and Lawrence, JJ., concur.  