Opinion
2000-03839
Submitted June 17, 2003.
September 22, 2003.
Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered April 13, 2000, convicting him of criminal possession of a controlled substance in the fourth degree, after a nonjury trial, and imposing sentence.
Del Atwell, Montauk, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (Daniel M. Reback of counsel), for respondent.
Before: NANCY E. SMITH, J.P., DANIEL F. LUCIANO, HOWARD MILLER, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to sustain his conviction is unpreserved for appellate review ( see CPL 470.05; People v. Hines, 97 N.Y.2d 56; People v. Harris, 300 A.D.2d 675, lv denied 99 N.Y.2d 629). 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 that it was legally sufficient to establish his guilt of criminal possession of a controlled substance in the fourth degree beyond a reasonable doubt ( see People v. Polanco, 228 A.D.2d 229; People v. Morales, 162 A.D.2d 128). 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 contention that he was denied the effective assistance of counsel is without merit ( see People v. Benevento, 91 N.Y.2d 708; People v. Baldi, 54 N.Y.2d 137).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
SMITH, J.P., LUCIANO, H. MILLER and ADAMS, JJ., concur.