People v. Morgan

222 A.D.2d 529, 635 N.Y.S.2d 536, 1995 N.Y. App. Div. LEXIS 12762

Opinion

—Appeal by the defendant from two judgments of the Supreme Court, Kings County (Barasch, J.), both rendered April 14, 1993, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree under Indictment No. 12593/91, upon a jury verdict, and criminal possession of a weapon in the third degree under Indictment No. 9976/92, upon his plea of guilty, and imposing sentences.

Ordered that the judgments are affirmed.

The defendant’s motion for a trial order of dismissal was not specific enough to preserve for appellate review the issue of the legal sufficiency of the evidence (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 Harvey, 175 AD2d 138; see also, People v Windley, 78 AD2d 55). 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 sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit (cf., People v Clark, 45 NY2d 432). Miller, J. P., O’Brien, Pizzuto and Krausman, JJ., concur.