Opinion
July 14, 1995
Appeal from the Supreme Court, Erie County, Wolfgang, J.
Present — Green, J.P., Pine, Fallon, Callahan and Davis, JJ.
Judgment unanimously affirmed. Memorandum: Defendant failed to preserve for our review his contentions (1) that he was denied a fair trial by the erroneous admission of hearsay evidence ( see, CPL 470.05); (2) that his conviction of criminal possession of a controlled substance in the fifth degree (Penal Law § 220.06) is not supported by legally sufficient evidence because the People failed to establish his knowledge of the weight of the cocaine as required by People v. Ryan ( 82 N.Y.2d 497) (see, People v. Gray, 86 N.Y.2d 10; People v. Gaines, 216 A.D.2d 858); and (3) that the trial court erred in failing to give a circumstantial evidence charge employing the moral certainty standard (see, CPL 470.05). We decline to exercise our power to review those contentions as a matter of discretion in the interest of justice (see, CPL 470.15 [a]).
Defendant's conviction of criminal possession of a controlled substance in the third degree is supported by legally sufficient evidence that defendant possessed the cocaine "with intent to sell it" (Penal Law § 220.16; see, People v. Orta, 184 A.D.2d 1052, 1054). The jury reasonably could have inferred intent to sell from defendant's possession of 21 individually wrapped packages of cocaine (see, People v. Nelson, 189 A.D.2d 828, lv denied 81 N.Y.2d 890; People v. Blue, 173 A.D.2d 836).