Opinion
May 8, 1989
Appeal from the Supreme Court, Kings County (Rienzi, J.).
Ordered that the judgment is affirmed.
The court properly denied suppression of the seized evidence. The record indicates that in regard to the affidavit on which the search warrant was based, the People met the requirements of showing both the basis of the knowledge set forth therein and the reliability of the informant (see, People v Elwell, 50 N.Y.2d 231). Accordingly, the search warrant was based on a showing of probable cause.
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. 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 (CPL 470.15). The defendant failed to rebut the presumption of possession set forth in Penal Law § 220.25(2), which under the facts and circumstances of this case clearly applied to her.
The sentence imposed on the defendant was not excessive (see, People v Suitte, 90 A.D.2d 80) and did not constitute cruel and unusual punishment (see, People v Broadie, 37 N.Y.2d 100, cert denied 423 U.S. 950).
We have reviewed the defendant's remaining contentions and conclude that they are without merit. Thompson, J.P., Bracken, Kunzeman and Spatt, JJ., concur.