Opinion
Submitted May 20, 1999
June 28, 1999
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (J. Goldberg, J.), rendered November 19, 1996, convicting him of criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Johanna G. Hendrix, Staten Island, N.Y., for appellant.
William L. Murphy, District Attorney, Staten Island, N Y (Karen F. McGee and David Frey of counsel), for respondent.
SONDRA MILLER, J.P., FRED T. SANTUCCI, WILLIAM C. THOMPSON, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant did not preserve for appellate review his contention that the People failed to prove that he knew the weight of the controlled substances upon which his conviction of criminal possession of a controlled substance in the third degree was based ( see, People v. Gray, 86 N.Y.2d 10, 26); People v. Hill, 85 N.Y.2d 256; People v. Oakman, 215 A.D.2d 596) and we decline to reach it in the exercise of our interest of justice jurisdiction.
The defendant's remaining contentions are either unpreserved for appellate review or without merit.