Opinion
August 24, 1998
Appeal from the Supreme Court, Queens County (Dunlop, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt of criminal sale of a controlled substance in the third degree is unpreserved for appellate review ( see, CPL 470.05; People v. Luperon, 85 N.Y.2d 71, 78; 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 it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we arc satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).
The defendant's sentence was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
Ritter, J.P., Santucci, Joy and Florio, JJ., concur.