Opinion
3457.
Decided April 22, 2004.
Judgment, Supreme Court, New York County (Marcy L. Kahn, J.), rendered November 7, 2001, convicting defendant, after a jury trial, of criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 ½ to 9 years, unanimously affirmed.
Robert S. Dean, Center for Appellate Litigation, New York (Lisa Lewis of counsel), for appellant.
Robert M. Morgenthau, District Attorney, New York (Beth Beller of counsel), for respondent.
Before: Andrias, J.P., Williams, Friedman, Marlow, Gonzalez, JJ.
The verdict was based on legally sufficient evidence and was not against the weight of the evidence ( see People v. Bleakley, 69 N.Y.2d 490). The undercover officer made a reliable identification, which was corroborated by other evidence including the recovery of buy money from defendant.
Defendant's contention concerning the court's denial of his untimely peremptory challenge to a prospective juror is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that jury selection was conducted in a lawful manner ( see People v. Alston, 88 N.Y.2d 519).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.