Opinion
June 9, 1995
Appeal from the Supreme Court, Erie County, Doyle, J.
Present — Pine, J.P., Fallon, Wesley, Doerr and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620, 621), we conclude that the evidence of constructive possession of the cocaine is legally sufficient (see, People v. Torres, 68 N.Y.2d 677; People v. Myrick, 203 A.D.2d 902). We further conclude that defendant's sentence is neither unduly harsh nor severe.