Opinion
November 16, 1994
Appeal from the Oneida County Court, Buckley, J.
Present — Denman, P.J., Green, Fallon, Callahan and Boehm, JJ.
Judgment unanimously affirmed. Memorandum: The evidence, viewed in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620, 621), is sufficient to support defendant's conviction of conspiracy in the second degree (Penal Law § 105.15) and criminal possession of a controlled substance in the first degree (Penal Law § 220.21), and the verdict is not against the weight of the evidence (see, People v. Bleakley, 69 N.Y.2d 490, 495).
We reject defendant's contentions that the conspiracy count of the indictment is jurisdictionally defective (Penal Law § 105.25; see, People v. Peckens, 153 N.Y. 576) and that defendant's retrial is barred by the constitutional and statutory protections against double jeopardy (see, People v. Perkins, 156 A.D.2d 595, lv denied 76 N.Y.2d 740).