Opinion
Submitted September 17, 2001.
October 1, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered July 8, 1999, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Andrew C. Fine, New York, N.Y. (Kathryn E. Smith of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Daniel E. Wenner of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., ANITA R. FLORIO, HOWARD MILLER, SANDRA L. TOWNES, JJ.
ORDERED that the judgment is affirmed.
The defendant's contention that the court improperly marshaled the evidence during its identification charge is unpreserved for appellate review (see, CPL 470.05; People v. Gray, 86 N.Y.2d 10). In any event, the court properly referred to some of the identification evidence in order to explain the legal principles applicable to the case (see, CPL 300.10; People v. Simpson, 270 A.D.2d 507).
The sentence imposed was not excessive (see, People v. Suite, 90 A.D.2d 80).
SANTUCCI, J.P., FLORIO, H. MILLER and TOWNES, JJ., concur.