People v. Francis

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

Opinion

—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 satisfied, 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.