People v. De La Rosa — 133 A.D.2d 122

Majority

p. 122

The People of the State of New York, Respondent, v Jose De La Rosa, Appellant.

Appeal by the defendant from a judgment of the County Court, Westchester County (West, J.), rendered February 21, 1985, convicting him of criminal sale of a controlled substance in the first degree and criminal possession of a controlled substance in the first degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution, we find that it is sufficient as a matter of law to support the defendant’s conviction for aiding and abetting in the sale of over nine ounces of cocaine (see, Penal Law § 15.05 [2]; §§ 20.00, 220.00 [1]; People v Barnes, 50 NY2d 375 , 381). Moreover, upon the exercise of our factual review power, we

p. 123

are satisfied that the evidence established the defendant’s guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (CPL 470.15 [5]).

The defendant’s remaining contentions are either unpreserved for appellate review (see, People v Nuccie, 57 NY2d 818 , 819) or without merit (see, People v Carter, 63 NY2d 530 , 539; People v Davis, 44 NY2d 269 , 277; People v Julian, 41 NY2d 340 , 342-343; People v Piazza, 121 AD2d 573 , 574, lv denied 68 NY2d 916 ). Mangano, J. P., Bracken, Kunzeman and Harwood, JJ., concur.

Cases cited

People v. Barnes 50 NY2d 375 N.Y. 1980-06-03 at 381 p. 122
People v. Nuccie 57 NY2d 818 N.Y. 1982-10-07 at 819 p. 123
People v. Carter 63 NY2d 530 N.Y. 1984-11-27 at 539 p. 123
People v. Piazza 121 AD2d 573 N.Y. App. Div. 1986-06-16 at 574 p. 123