Opinion
2001-00744
Submitted February 7, 2003.
March 3, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McDonald, J.), rendered December 14, 2000, convicting him of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, and criminal sale of a controlled substance in or near school grounds, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey (Neal K. Feivelson, New York, N.Y., of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Manisha Sheth of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., STEPHEN G. CRANE, BARRY A. COZIER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt is unpreserved for appellate review (see CPL 470.05; People v. Gray, 86 N.Y.2d 10, 20-21; People v. Santos, 86 N.Y.2d 869, 870). 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. Moreover, upon the exercise of our factual review power (see CPL 470.15), we are satisfied that the verdict of guilt was not against the weight of the evidence.
FLORIO, J.P., CRANE, COZIER and RIVERA, JJ., concur.