People v. Petit , 682 N.Y.S.2d 360 ( 1998 )


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  • —Appeal by the defendant from a judgment of the Supreme Court, Queens County (Orgera, J.), rendered July 16, 1996, convicting him of criminal sale of a controlled substance in the third 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 beyond a reasonable doubt 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. 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]).

    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. Pizzuto, J. P., Joy, Gold-stein and Luciano, JJ., concur.

Document Info

Citation Numbers: 256 A.D.2d 363, 682 N.Y.S.2d 360

Filed Date: 12/7/1998

Precedential Status: Precedential

Modified Date: 1/13/2022