People v. Waters — 248 A.D.2d 570

Majority

p. 570

The People of the State of New York, Respondent, v Jerry Waters, Appellant.

[669 NYS2d 906]

—Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Leone, J.), rendered October 24, 1996, convicting him of criminal sale of a controlled substance in the third degree

p. 571

and criminally using drug paraphernalia in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The issue of the legal sufficiency of the evidence has not been preserved for appellate review (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10 , 20-21). 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]).

Bracken, J. P., Rosenblatt, Krausman and Goldstein, JJ., concur.

Cases cited

People v. Gray 86 NY2d 10 N.Y. 1995-05-11 at 20-21 p. 571
People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 571