People v. Lewis

— Judgment unanimously affirmed. Memorandum: The evidence, viewed in the light most favorable to the People (People v Contes, 60 NY2d 620 , 621), established beyond a reasonable doubt that defendant knowingly and unlawfully sold heroin to an undercover police officer (see, Penal Law § 220.39 [1]; People v Berry, 128 AD2d 715 ; People v Jozic, 120 AD2d 841 , 842, lv denied 68 NY2d 669 ). We have considered defendant’s remaining claims and find that each one lacks merit. (Appeal from judgment of Erie County Court, Wolfgang, J. — criminal sale of controlled substance, third degree.) Present — Callahan, J. P., Boomer, Green, Pine and Davis, JJ.