People v. Bullock

284 A.D.2d 546, 727 N.Y.S.2d 323, 2001 N.Y. App. Div. LEXIS 6805

Opinion

—Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered May 17, 1999, convicting him of criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish his guilt is unpreserved for appellate review (see, CPL 470.05 [2]; People v Johnson, 185 AD2d 247). 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 his guilt beyond a reasonable doubt. 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 [5]).

The defendant’s contention that the Supreme Court erred in imposing a mandatory surcharge and a crime victim assistance fee at sentencing without fixing the specific dollar amount to be paid is unpreserved for appellate review (see, CPL 470.05 [23; People v Ruz, 70 NY2d 942; People v Acevedo, 243 AD2d 572), and, in any event, is without merit (see, Penal Law § 60.35 [1]). O’Brien, J. P., S. Miller, Schmidt and Cozier, JJ., concur.