Opinion
Argued September 29, 2000
October 30, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered December 18, 1998, convicting him of criminal sale of a controlled substance in the fifth degree, after a nonjury trial, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Elizabeth B. Emmons of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Cynthia Kean of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., LEO F. McGINITY, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, 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 (see, People v. Rossey, 89 N.Y.2d 970, 972; People v. Norman, 85 N.Y.2d 609, 627). 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).
The defendant's remaining contention is unpreserved for appellate review, and, in any event, without merit.