People v. Hanks

Appeal from a judgment of Livingston County Court (Cicoria, J.), entered June 20, 2000, convicting defendant after a jury trial of promoting prison contraband in the first degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: Defendant appeals from a judgment entered following a jury verdict convicting him of promoting prison contraband in the first degree arising from his possession of a tin can lid (Penal Law § 205.25 [2]). Contrary to defendant’s contention, the conviction is supported by legally sufficient evidence and the verdict is not against the weight of the evidence (see, People v Bleakley, 69 NY2d 490 , 495; see also, People v Medina, 262 AD2d 708 , lv denied 93 NY2d 1023 ; People v Jones, 185 AD2d 470 , 471, lv denied 80 NY2d 975 ). Defendant failed to preserve for our review his contentions concerning County Court’s allegedly inappropriate interference in the examination of witnesses (see, People v Yut Wai Tom, 53 NY2d 44 , 55-56) or allegedly erroneous jury charge (see, People v Holland, 279 AD2d 645 , 647, lv denied 96 NY2d 801 ), and we decline to exercise our power to review those contentions as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). We have reviewed defendant’s remaining contentions and conclude that they are without merit. Present — Wisner, J.P., Hurlbutt, Kehoe and Bums, JJ.