Majority
p. 694The People of the State of New York, Respondent, v Gilberto Cruz, Appellant. [707 NYS2d 869]
—Appeal by the de
p. 695
fendant from a judgment of the Supreme Court, Kings County (Irizarry, J.), rendered July 28, 1997, convicting him of criminal sale of a controlled substance in or near school grounds and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
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 remaining contentions are either unpreserved for appellate review or without merit. Bracken, J. P., Ritter, Krausman and Smith, JJ., concur.
Cases cited
- People v. Contes 60 NY2d 620 p. 695