Opinion
May 1, 1995
Appeal from the Supreme Court, Kings County (J. Goldberg, J.).
Ordered that the judgment is affirmed.
The hearing court's determinations that there was probable cause to arrest the defendant and that his statement to the police was voluntarily made are supported by the record, and we find no basis for disturbing them (see, People v Prochilo, 41 N.Y.2d 759; People v Overton, 188 A.D.2d 491).
The defendant's contention that the People failed to present legally sufficient evidence that the defendant had known when he possessed it that the the cocaine weighed 500 milligrams or more is unpreserved for appellate review (see, CPL 470.05; People v Logan, 74 N.Y.2d 859; People v Okehoffurum, 201 A.D.2d 508; cf., People v Hill, 85 N.Y.2d 256). We decline to reach this issue in the exercise of our interest of justice jurisdiction. Moreover, upon the exercise of our factual review power, we find that the verdict of guilt is not against the weight of the evidence (see, CPL 470.15). Sullivan, J.P., O'Brien, Ritter and Goldstein, JJ., concur.