Opinion
October 13, 1998
Appeal from the Supreme Court, Kings County (Gerges, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish that he sold the drugs to the undercover officer is unpreserved for appellate review since he made only a general motion to dismiss before the trial court ( see, CPL 470.05; People v. Gray, 86 N.Y.2d 10, 20; People v. Williams, 187 A.D.2d 547). 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 the defendant's guilt beyond a reasonable doubt ( see, People v. Harvey, 175 A.D.2d 138). 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; People v. Lewis, 182 A.D.2d 777).
The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
Sullivan, J. P., Altman, Friedmann and McGinity, JJ., concur.