People v. Leftwich — 266 A.D.2d 832

Majority

p. 832

The People of the State of New York, Respondent, v Christopher M. Leftwich, Appellant.

[698 NYS2d 366]

—Judgment unanimously affirmed. Memorandum: Defendant failed to preserve for our review his contention that the evidence is insufficient to establish his constructive possession of cocaine found in an apartment (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10 , 19). In any event, that contention lacks merit. The evidence is sufficient to establish defendant’s exercise of “dominion and control” over the apartment (People v Manini,

p. 833

79 NY2d 561 , 573). Defendant also failed to preserve for our review his contention that County Court erred in failing to conduct a hearing to determine the nature and scope of defendant’s alleged cooperation agreement with police (see, People v Argentine, 67 AD2d 180 ). Defendant never moved to dismiss the indictment based on that alleged agreement (cf., People v Fraisier, 253 AD2d 437 ; People v Gupta [appeal No. 3], 80 AD2d 743 ).

The verdict convicting defendant of criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]) is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490 , 495). Finally, in light of defendant’s prior criminal history, including convictions for prior drug related offenses, the sentence is neither unduly harsh nor severe. (Appeal from Judgment of Niagara County Court, Hannigan, J. — Criminal Possession Controlled Substance, 3rd Degree.) Present — Denman, P. J., Hayes, Hurlbutt, Scudder and Balio, JJ.

Cases cited

People v. Gray 86 NY2d 10 N.Y. 1995-05-11 at 19 p. 832
People v. Manini 79 NY2d 561 N.Y. 1992-03-31 at 573 p. 833
People v. Argentine 67 AD2d 180 N.Y. App. Div. 1979-04-02 p. 833
People v. Bleakley 69 NY2d 490 N.Y. 1987-05-07 at 495 p. 833