Opinion
2001-03060
Submitted February 10, 2003.
February 24, 2003.
Appeal by the defendant from a judgment of the County Court, Nassau County (Boklan, J.), rendered March 27, 2001, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Alan F. Katz, Garden City, N.Y., for appellant.
Denis Dillon, District Attorney, Mineola, N.Y. (Judith R. Sternberg and Andrea M. DiGregorio of counsel), for respondent.
Before: DAVID S. RITTER, J.P., LEO F. McGINITY, SANDRA L. TOWNES, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 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). Any minor discrepancies in the witnesses' descriptions of evidence merely went to the weight to be accorded the evidence by the jury, not its admissibility (see People v. Julian, 41 N.Y.2d 340; People v. Harris, 199 A.D.2d 636; People v. Carroll, 181 A.D.2d 904).
The trial court's Sandoval ruling was a provident exercise of discretion (see People v. Sandoval, 34 N.Y.2d 371; People v. Simmons, 213 A.D.2d 433; People v. Hunter, 180 A.D.2d 752).
The defendant's remaining contentions are without merit.
RITTER, J.P., McGINITY, TOWNES and MASTRO, JJ., concur.