Opinion
August 9, 1993
Appeal from the Supreme Court, Kings County (Kramer, J.).
Ordered that the judgment is affirmed.
The defendant's claim that the People did not establish by legally sufficient evidence his guilt of criminal possession of a controlled substance in the first degree and criminal possession of a controlled substance in the third degree is unpreserved for appellate review (see, CPL 470.05). In any event, viewing the evidence adduced at trial in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 620, 621), we find that 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 of guilt was not against the weight of the evidence (see, CPL 470.15).
The defendant's sentence was neither unconstitutional (see, People v Broadie, 37 N.Y.2d 100, cert denied 423 U.S. 950), nor excessive (see, People v Suitte, 90 A.D.2d 80). Sullivan, J.P., Balletta, Ritter and Santucci, JJ., concur.