People v. Francis , 687 N.Y.S.2d 266 ( 1999 )


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  • —Appeal by the defendant from a judgment of the Supreme Court, Kings County (Meyerson, J.), rendered April 14, 1992, 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 possession of a controlled substance in the fifth degree, upon a jury verdict, and imposing sentence.

    Ordered that the judgment is affirmed.

    The defendant’s contention that the evidence was legally insufficient is unpreserved for appellate review (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see, People v Corona, 232 AD2d 652). Moreover, upon the exercise of our factual review power, we are *645satisfied, that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]). S. Miller, J. P., O’Brien, Ritter and Santucci, JJ., concur.

Document Info

Citation Numbers: 260 A.D.2d 644, 687 N.Y.S.2d 266, 1999 N.Y. App. Div. LEXIS 4246

Filed Date: 4/26/1999

Precedential Status: Precedential

Modified Date: 10/19/2024