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People v. Oglesby

196 A.D.2d 896 Court N.Y. App. Div. Decision date 1993-09-27 English

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p. 896
The People of the State of New York, Respondent, v Cleveland Oglesby, Appellant.
[603 NYS2d 763]

Appeal by the defendant from a judgment of the County Court, Westchester County (West, J.), rendered August 13, 1991, convicting him of criminal sale of a controlled substance in the third degree (two counts) and criminal possession of a controlled substance in the third degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence, in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (CPL 470.15 [5]).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Rosenblatt, J. P., Lawrence, O’Brien and Copertino, JJ., concur.

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