People v. Hood

136 A.D.2d 569, 523 N.Y.S.2d 772, 1988 N.Y. App. Div. LEXIS 342

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 11, 1988
• Status: Published

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Slavin, J.), rendered July 1, 1986, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The evidence, when viewed in a light most favorable to the People, was legally sufficient to support the defendant’s conviction (see, People v Contes, 60 NY2d 620). Moreover, upon exercise of our factual review power, we are satisfied that the defendant’s guilt was established beyond a reasonable doubt and that the verdict was not against the weight of the evidence (CPL 470.15 [5]).

We find that the prosecutor’s comments did not deny defendant a fair trial in view of the overwhelming evidence of his guilt (see, People v Wood, 66 NY2d 374).

The sentence which was imposed was not excessive (see, People v Suitte, 90 AD2d 80, 85).

We find the defendant’s remaining contention to be without merit. Bracken, J. P., Kunzeman, Spatt and Harwood, JJ., concur.