People v. McDaniel — 233 A.D.2d 343

Majority

p. 343

The People of the State of New York, Respondent, v Courtney McDaniel, Appellant.

[649 NYS2d 815]

—Appeal by the defendant from a judgment of the County Court, Nassau County (Wexner, J.), rendered February 28, 1995, 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 People (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 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]). While the defense may have raised legitimate questions regarding the motivation and credibility of the People’s central witness, who was a confidential informant working with the police pur

p. 344

suant to a cooperation agreement with the District Attorney’s office, the informant’s testimony was not incredible as a matter of law (see, People v Yarrell, 150 AD2d 740 ; People v Mistretta, 147 AD2d 661 ; cf., People v Foster, 64 NY2d 1144 , cert denied 474 US 857 ; People v Reed, 40 NY2d 204 ; People v Santos, 38 NY2d 173 ; People v Ledwon, 153 NY 10 ).

The defendant’s remaining contention is unpreserved for appellate review and, in any event, without merit. Bracken, J. P., Sullivan, Altman and McGinity, JJ., concur.

Cases cited

People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 343
People v. Yarrell 150 AD2d 740 N.Y. App. Div. 1989-05-22 p. 344
People v. Mistretta 147 AD2d 661 N.Y. App. Div. 1989-02-21 p. 344
People v. Foster 64 NY2d 1144 N.Y. 1985-05-02 p. 344
People v. Reed 40 NY2d 204 N.Y. 1976-07-06 p. 344
People v. Santos 38 NY2d 173 N.Y. 1975-12-04 p. 344
People v. Ledwon 153 NY 10 N.Y. 1897-05-04 p. 344