Majority
p. 579The People of the State of New York, Respondent, v Gary Laster, Appellant. [682 NYS2d 895]
—Appeal by the defendant from a judgment of the Supreme Court, Richmond County (J. Goldberg, J.), rendered December 9, 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 defendant’s contention that the evidence was legally insufficient to establish that he sold a bag of cocaine to an undercover police officer is unpreserved for appellate review
p. 580
(see, CPL 470.05 [2]; 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 ), 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]). Sullivan, J. P., Krausman, Goldstein and Luciano, JJ., concur.
Cases cited
- People v. Udzinski 146 AD2d 245 p. 580
- People v. Contes 60 NY2d 620 p. 580