Citation Numbers: 288 A.D.2d 321, 733 N.Y.S.2d 613, 2001 N.Y. App. Div. LEXIS 10956
Filed Date: 11/13/2001
Status: Precedential
Modified Date: 11/1/2024
—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Braun, J.), rendered April 13, 1999, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s contention that the evidence of identification was legally insufficient is unpreserved for appellate review since he did not specify that ground in his motion to dismiss at trial (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10; People v Williams, 247 AD2d 416; People v Udzinski, 146 AD2d 245). In any event, viewing the evidence, which included the identification testimony of two undercover police officers, 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. Moreover,