Opinion
Argued January 18, 2000
February 28, 2000
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered April 13, 1995, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Joseph Lavine of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie, Jane S. Meyers, and Michael V. Frett of counsel), for respondent.
WILLIAM C. THOMPSON, J.P., THOMAS R. SULLIVAN, GABRIEL M. KRAUSMAN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant has not preserved for appellate review his contention that the People failed to prove his identity as the perpetrator beyond a reasonable doubt, since the defense counsel did not raise this issue at trial (see, CPL 470.05[2]; People v. Harvey, 175 A.D.2d 138 ). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620 ), we find that the evidence was legally sufficient to establish beyond a reasonable doubt the defendant's identity as one of the individuals who sold heroin to the undercover police officer. Upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15[5]).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).