Opinion
Argued December 16, 1999
January 31, 2000
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dunlop, J.), rendered May 13, 1 997, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Pamela Peters of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Kathleen O'Leary of counsel), for respondent.
LAWRENCE J. BRACKEN, J.P., FRED T. SANTUCCI, WILLIAM C. THOMPSON, SONDRA MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
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 are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15[5]).
The trial court providently exercised its discretion in summarily denying, without a hearing, the defendant's motion to set aside the verdict based on juror misconduct, as the application was supported only by hearsay allegations contained in an affidavit of defense counsel (see, People v. Friedgood, 58 N.Y.2d 467, 473 ; People v. Cervantes, 242 A.D.2d 730, 731 ).
The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).
BRACKEN, J.P., SANTUCCI, THOMPSON, and S. MILLER, JJ., concur.