Opinion
June 27, 1995
Appeal from the Supreme Court, Bronx County (Edward Davidowitz, J.).
CPL 210.30 (6) precludes review of defendant's claim that his pretrial motion to dismiss the possession counts of the indictment should have been granted, the ensuing judgment of conviction being based upon legally sufficient evidence ( People v. Wilkins, 68 N.Y.2d 269, 277, n 7). Nor is there merit to defendant's unpreserved claim that he was prejudiced by the jury having heard testimony intended to prove the possession counts, which were dismissed as legally insufficient at the close of evidence, since the jury was instructed to disregard any evidence it heard relating to the dismissed counts, instructions that it is presumed to have followed ( People v. Davis, 58 N.Y.2d 1102, 1104). Also unpreserved, and without merit, is defendant's other claim that it was error to admit limited background information concerning street level transactions ( see, People v Kelsey, 194 A.D.2d 248).
Concur — Sullivan, J.P., Rosenberger, Kupferman, Ross and Williams, JJ.