Opinion
Argued January 14, 2000
February 24, 2000
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Roman, J.), rendered April 6, 1998, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Yvonne Powe of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Nicole H. Baker of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., WILLIAM D. FRIEDMANN, ANITA R. FLORIO, and 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 is legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see, People v. Tomlinson, 199 A.D.2d 352 ). The evidence allowed a rational trier of fact to conclude that the defendant acted in concert with the accomplice (see, People v. Rossey, 89 N.Y.2d 970 ). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not contrary to the weight of the evidence (see, CPL 470.15[5]).