Opinion
June 22, 1998
Appeal from the Supreme Court, Queens County (Rios, J.).
Ordered that the judgment is affirmed.
The issue of the legal sufficiency of the evidence is unpreserved for appellate review ( see, CPL 470.05). 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 it was legally sufficient to establish that the defendant was guilty of criminal sale of a controlled substance in the third degree under an acting-in-concert theory ( see, People v. Kaplan, 76 N.Y.2d 140). 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).
Miller, J.P., Thompson, Joy and Florio, JJ., concur.