People v. Anderson — 275 A.D.2d 747

Majority

p. 747

The People of the State of New York, Respondent, v Terrence Anderson, Appellant.

[713 NYS2d 494]

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flaherty, J.), rendered June 3, 1998, convicting him of criminal salé of a controlled substance in the third degree (two counts), criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the fourth degree, and criminally using drug paraphernalia in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

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

p. 748

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 trial court’s Sandoval ruling was a provident exercise of discretion (see, People v Mattiace, 77 NY2d 269 , 275-276; People v Pavao, 59 NY2d 282 ; People v Sandoval, 34 NY2d 371 ).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Ritter, J. P., Sullivan, Krausman and Goldstein, JJ., concur.

Cases cited

People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 747
People v. Mattiace 77 NY2d 269 N.Y. 1990-12-27 at 275-276 p. 748
People v. Pavao 59 NY2d 282 N.Y. 1983-06-16 p. 748
People v. Sandoval 34 NY2d 371 N.Y. 1974-06-19 p. 748