People v. Vaughn — 243 A.D.2d 743

Majority

p. 743

The People of the State of New York, Respondent, v Wesley Vaughn, Appellant.

[665 NYS2d 524]

Appeal by the defendant from a judgment of the County Court, Westchester County (Murphy, J.), rendered September 13, 1994, convicting him of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the seventh degree, and resisting arrest (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenge to the legal sufficiency of the evidence is unpreserved for appellate review (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10 , 19). 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. 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 was not deprived of the effective assistance of

p. 744

trial counsel (see, People v Baldi, 54 NY2d 137 , 147; see also, People v Ellis, 81 NY2d 854 ; People v Rivera, 71 NY2d 705 ). Copertino, J. P., Sullivan, Friedmann and Luciano, JJ., concur.

Cases cited

People v. Gray 86 NY2d 10 N.Y. 1995-05-11 at 19 p. 743
People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 743
People v. Baldi 54 NY2d 137 N.Y. 1981-10-29 at 147 p. 744
People v. Ellis 81 NY2d 854 N.Y. 1993-03-25 p. 744
People v. Rivera 71 NY2d 705 N.Y. 1988-05-31 p. 744