Opinion
Submitted October 22, 2001.
November 13, 2001.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Gazzillo, J.), rendered October 4, 2000, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, after nonjury trial, and imposing sentence.
James M. Montgomery, Amityville, N.Y., for appellant.
James M. Catterson, Jr., District Attorney, Riverhead, N Y (Michael J. Miller of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM D. FRIEDMANN, ROBERT W. SCHMIDT, SANDRA L. TOWNES, JJ.
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 and to disprove the defendant's claim that he was acting as an agent of the undercover officer in the narcotics transaction (see, People v. Herring, 83 N.Y.2d 780; People v. Lam Lek Chong, 45 N.Y.2d 64, cert denied 439 U.S. 935; People v. Shands, 269 A.D.2d 613; People v. Trotty, 262 A.D.2d 337; People v. Leybovich, 201 A.D.2d 670). Upon the exercise of our factual review power, we are satisfied 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).
O'BRIEN, J.P., FRIEDMANN, SCHMIDT and TOWNES, JJ., concur.