Opinion
February 22, 1993
Appeal from the County Court, Orange County (Pano Z. Patsalos, J.).
Ordered that the judgment is affirmed.
The defendant contends that the People failed to prove his possession of marihuana found in an apartment in which he resided. However, by failing to raise this contention at the trial, the defendant has failed to preserve this issue for appellate review (see, People v Whitehead, 159 A.D.2d 741). In any event, viewing the evidence adduced at trial 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. The evidence established that the defendant exercised dominion and control over drugs found on a love seat one foot away from his person and in a refrigerator located in the apartment in which he resided (see, People v Torres, 68 N.Y.2d 677; People v Rivers, 169 A.D.2d 883; People v Rodriguez, 153 A.D.2d 762). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15). Mangano, P.J., Miller, Copertino and Pizzuto, JJ., concur.