Majority
—Appeal by the defendant from a judgment of the Supreme Court, Westchester County (West, J.), rendered June 22, 1992, convicting him of criminal possession of a controlled substance in the fifth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s challenge to the legal sufficiency of the evidence was not preserved for appellate review (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10 , 20). In any event, 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 (see, People v Rumble, 45 NY2d 879 ). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).
The defendant’s remaining contention is without merit. Mangano, P. J., Miller, Ritter and Hart, JJ., concur.
Cases cited
- People v. Gray 86 NY2d 10 at 20 p. 566
- People v. Contes 60 NY2d 620 p. 566
- People v. Rumble 45 NY2d 879 p. 566