People v. Urgelles — 244 A.D.2d 516

Majority

p. 516

The People of the State of New York, Respondent, v Demosthenes Urgelles, Appellant.

[665 NYS2d 919]

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Robinson, J.), rendered August 19, 1996, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (s ee, 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’s remaining contentions are either unpreserved for appellate review or without merit. O’Brien, J. P., Thompson, Sullivan and McGinity, JJ., concur.

Cases cited

People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 516