Opinion
March 9, 1998
Appeal from the County Court, Suffolk County (Vaughn, J.).
Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentences imposed upon the convictions of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree to 7 1/2 to 15 years; as so modified, the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to prove his identify as the seller is unpreserved for appellate review ( see, CPL 470.05; People v. Gray, 86 N.Y.2d 10; 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 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 was not against the weight of the evidence ( see, CPL 470.15). The evidence adduced at trial clearly established that the defendant sold cocaine to Detective DeMato on October 15, 1994.
The sentence imposed was excessive to the extent indicated.
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
Thompson, J. P., Sullivan, Florio and McGinity, JJ., concur.