Opinion
Submitted May 26, 2000
September 25, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Reichbach, J.), rendered February 2, 1999, convicting him of criminal sale of a controlled substance in or near school grounds and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence. Justice Florio has been substituted for former Justice Joy (see, 22 NYCRR 670.1[c]).
Lynn W. L. Fahey, New York, N.Y. (Lisa Napoli of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., WILLIAM D. FRIEDMANN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant failed to preserve for appellate review his argument that the evidence was legally insufficient (see, People v. Udzinski, 146 A.D.2d 245). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that the evidence was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, on 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; People v. Gamble, 173 A.D.2d 555).
The sentence imposed is not excessive (see, People v. Suitte, 90 A.D.2d 80).