Opinion
Submitted June 13, 2000.
September 18, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flaherty, J.), rendered June 3, 1998, convicting him of criminal sale 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.
M. Sue Wycoff, New York, N.Y. (Cheryl P. Williams of counsel), for appellant .
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicole Beder, and Elaine E. Oh of counsel), for respondent.
Before: DAVID S. RITTER, J.P., THOMAS R. SULLIVAN, GABRIEL M. KRAUSMAN, JJ., GLORIA GOLDSTEIN , 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).
The trial court's Sandoval ruling was a provident exercise of discretion (see, People v. Mattiace, 77 N.Y.2d 269, 275-276; People v. Pavao, 59 N.Y.2d 282; People v. Sandoval, 34 N.Y.2d 371).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.