Majority
—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rios, J.), rendered January 29, 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.
The issue of the legal sufficiency of the evidence is unpreserved for appellate review (see, CPL 470.05 [2]). 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 that the defendant was guilty of criminal sale of a controlled substance in the third degree under an acting-in-concert theory (see, People v Kaplan, 76 NY2d 140 ). 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]). Miller, J. P., Thompson, Joy and Florio, JJ., concur.
Cases cited
- People v. Contes 60 NY2d 620 p. 595
- People v. Kaplan 76 NY2d 140 p. 595