Opinion
April 1, 1991
Appeal from the Supreme Court, Kings County (Rienzi, J.).
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 is 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 is not against the weight of the evidence (CPL 470.15). The defendant failed to rebut the presumption of possession set forth in Penal Law § 220.25 (2), which, under the facts and circumstances of this case, applied to him (see, People v Martinez, 150 A.D.2d 728; People v. Perez, 150 A.D.2d 507).
The defendant's remaining contentions are either without merit or unpreserved for appellate review (CPL 470.05) and we decline to review them in the exercise of our interest of justice jurisdiction. Thompson, J.P., Brown, Lawrence and Eiber, JJ., concur.