Appellate Division of the Supreme Court of New York, 1995

People v. Filiano

People v. Filiano
Appellate Division of the Supreme Court of New York · Decided November 6, 1995
221 A.D.2d 361; 635 N.Y.S.2d 472; 1995 N.Y. App. Div. LEXIS 11193
People v. Filiano

Opinion of the Court

—Appeal by the defendant from a judgment of the County Court, Nassau County (Calabrese, J.), rendered June 15, 1994, convicting her of criminal sale of a controlled substance in the second 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 support a finding that she had knowledge of the weight of the controlled substance is unpreserved for appellate review (see, People v Lawrence, 85 NY2d 1002; People v Gray, 86 NY2d 10), and we decline to reach it in the exercise of our interest of justice jurisdiction.

The sentence imposed was neither harsh nor excessive (see, People v Delgado, 80 NY2d 780; People v Suitte, 90 AD2d 80). The defendant’s remaining contention is without merit. Joy, J. P., Hart, Goldstein and Florio, JJ., concur.

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