Opinion
2002-05387
Submitted October 14, 2003.
November 17, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered June 4, 2002, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the seventh degree, after a nonjury trial, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi Mandel, and Matthew S. Greenberg of counsel), for respondent.
Before: DAVID S. RITTER, J.P., ANITA R. FLORIO, SONDRA MILLER, HOWARD MILLER, 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; People v. Younger, 299 A.D.2d 431).
RITTER, J.P., FLORIO, S. MILLER and H. MILLER, JJ., concur.