Majority
—Appeal by the de
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 appellate 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 contention that he was denied the effective assistance of counsel is without merit (see, People v Benevento, 91 NY2d 708 ; People v Flores, 84 NY2d 184 ; People v Satterfield, 66 NY2d 796 ; People v Baldi, 54 NY2d 137 ; People v Wicker, 229 AD2d 602 ; People v Sullivan, 153 AD2d 223 ).
The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80 ).
The defendant’s remaining contentions are without merit. Bracken, P. J., McGinity, Luciano and Feuerstein, JJ., concur.
Cases cited
- People v. Gray 86 NY2d 10 p. 740
- People v. Udzinski 146 AD2d 245 p. 740
- People v. Contes 60 NY2d 620 p. 740
- People v. Benevento 91 NY2d 708 p. 740
- People v. Flores 84 NY2d 184 p. 740
- People v. Satterfield 66 NY2d 796 p. 740
- People v. Baldi 54 NY2d 137 p. 740
- People v. Wicker 229 AD2d 602 p. 740
- People v. Sullivan 153 AD2d 223 p. 740
- People v. Suitte 90 AD2d 80 p. 740