Opinion
2001-09696
Submitted September 13, 2002.
October 7, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Dutchess County (Dolan, J.), rendered October 11, 2001, convicting him of promoting prison contraband in the first degree, upon a jury verdict, and imposing sentence.
Carol Kahn, New York, N.Y., for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller of counsel), for respondent.
Before: SONDRA MILLER, J.P., STEPHEN G. CRANE, BARRY A. COZIER, REINALDO E. RIVERA, 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).
Contrary to the defendant's contention, the indictment was not jurisdictionally defective, as it sufficiently charged the language of the statute (see People v. Iannone, 45 N.Y.2d 589).
The defendant's remaining contentions are without merit.
S. MILLER, J.P., CRANE, COZIER and RIVERA, JJ., concur.