Opinion
Argued April 3, 2000.
May 15, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered December 10, 1997, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Yvonne Powe of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Matthew Schechter of counsel), for respondent.
GUY JAMES MANGANO, P.J., LAWRENCE J. BRACKEN, SONDRA MILLER, 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 defendant's contention that the court failed to fully respond to the jury's request for a readback of certain testimony is unpreserved for appellate review (see, CPL 470.05; People v. McCall, 88 N.Y.2d 838, 840; People v. Nuccie, 57 N.Y.2d 818, 819). In any event, the court responded meaningfully to the jury's request for a readback of part of the identifying undercover officer's testimony (see, CPL 310.30; People v. Lourido, 70 N.Y.2d 428; People v. Malloy, 55 N.Y.2d 296, 302, cert denied 459 U.S. 847).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are unpreserved for appellate review (see, CPL 470.05), without merit, or do not require reversal.
MANGANO, P.J., BRACKEN, S. MILLER and GOLDSTEIN, JJ., concur.