People v. Smilovich
Opinion of the Court
—Appeal by the defendant from a judgment of the County Court, Nassau County (Harrington, J.), rendered June 30, 1986, 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 was indicted, inter alia, for the criminal sale and criminal possession of cocaine on two separate occasions, February 13, 1985, and February 20, 1985. After trial, the defendant was acquitted of counts one and two of the indictment which related to the February 13, 1985, incident, but was found guilty of count three of the indictment which related to the February 20, 1985, incident. Under these circumstances, the defendant’s claim of repugnancy, which, in any event is not preserved for appellate review (People v Satloff, 56 NY2d 745, 746), is without merit (People v Tucker, 55 NY2d 1).
We have reviewed the defendant’s remaining arguments, including those raised in his supplemental pro se brief, and find them to be either unpreserved for appellate review or without merit (CPL 470.05 [2]; People v Culhane, 45 NY2d 757, cert denied 439 US 1047; People v Marks, 6 NY2d 67, 78, cert denied 362 US 912; People v Baldi, 54 NY2d 137; People v Suitte, 90 AD2d 80). Mangano, J. P., Bracken, Sullivan and Balletta, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.