Majority
p. 463The People of the State of New York, Respondent, v Luis Rodriguez, Appellant. [680 NYS2d 862]
—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kohm, J.), rendered May 8, 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 that the evidence was legally insufficient to establish his guilt of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree is unpreserved for appel
p. 464
late review (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10 ; People v Udzinski, 146 AD2d 245 ). In any event, viewing the evidence in the light most favorable to the People (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’s sentence is not excessive (see, People v Suitte, 90 AD2d 80 ). Sullivan, J. P., Altman, Krausman and Florio, JJ., concur.
Cases cited
- People v. Gray 86 NY2d 10 p. 464
- People v. Udzinski 146 AD2d 245 p. 464
- People v. Contes 60 NY2d 620 p. 464
- People v. Suitte 90 AD2d 80 p. 464