Opinion
December 28, 1992
Appeal from the County Court, Nassau County (Harrington, J.).
Ordered that the judgment is affirmed.
The defendant challenges his convictions of criminal possession of a weapon in the third degree and criminal possession of a controlled substance in the fifth degree, contending that the People failed to prove that the weapon was in his constructive possession and the actual weight of the cocaine seized from him. However, these issues have not been preserved for appellate review (see, CPL 470.05; People v Padro, 75 N.Y.2d 820, 821; People v Udzinski, 146 A.D.2d 245). In any event, viewing the evidence in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to support the convictions beyond a reasonable doubt (see, People v DeAndressi, 146 A.D.2d 642; People v Collins, 137 A.D.2d 542). 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).
We find no merit to the defendant's final contention. Thompson, J.P., Bracken, Lawrence and Miller, JJ., concur.