People v. Gordon

237 A.D.2d 533, 656 N.Y.S.2d 897, 1997 N.Y. App. Div. LEXIS 2835

Opinion

Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered August 4, 1995, convicting him of criminal sale of a controlled substance in the third degree (3 counts) and criminal possession of a controlled substance in the third degree (3 counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenge to the legal sufficiency of the evidence is unpreserved for appellate review (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10; 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. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]; People v Bleakley, 69 NY2d 490, 495).

The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Sullivan, J. P., Santucci, Friedmann and McGinity, JJ., concur.