Opinion
October 25, 1993
Appeal from the County Court, Dutchess County (Hillery, J.).
Ordered that the judgment is affirmed.
During the trial, the defendant's girlfriend testified on his behalf and denied telling the police that the defendant was involved in selling drugs. A police detective was permitted to testify, over the defendant's objection, to refute the girlfriend's denial. Because the girlfriend's testimony was related to the issue of whether the defendant intended to sell drugs, which was an element of the crime charged, the jury was entitled to hear the prior inconsistent statement in order to fully assess her credibility (see, People v. Wise, 46 N.Y.2d 321, 327-328).
The defendant's argument that the evidence was legally insufficient to support his conviction is not preserved for appellate review (see, People v. Udzinski, 146 A.D.2d 245, 250). In any event, viewing the evidence adduced at trial in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620, 621), we are satisfied that it was legally sufficient to establish beyond a reasonable doubt that the defendant intended to sell the cocaine found in his apartment. Moreover, upon the exercise of our factual review power, we find that the verdict was not against the weight of the evidence (see, CPL 470.15).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80). Thompson, J.P., Lawrence, Santucci and Joy, JJ., concur.