Majority
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lipp, J.), rendered October 7, 1997, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s contention regarding the legal sufficiency of the evidence is unpreserved for appellate review (see, CPL 470.05 [2]; People v Bynum, 70 NY2d 858 ; People v Udzinski, 146 AD2d 245 ). 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]). Thompson, J. P., Krausman, Gold-stein and Luciano, JJ., concur.
Cases cited
- People v. Bynum 70 NY2d 858 p. 830
- People v. Udzinski 146 AD2d 245 p. 830
- People v. Contes 60 NY2d 620 p. 830