Appellate Division of the Supreme Court of New York, 1999

People v. Francis

People v. Francis
Appellate Division of the Supreme Court of New York · Decided April 26, 1999
260 A.D.2d 644; 687 N.Y.S.2d 266; 1999 N.Y. App. Div. LEXIS 4246
People v. Francis

Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Meyerson, J.), rendered April 14, 1992, convicting him of criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, and criminal possession of a controlled substance in the fifth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient 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 (see, People v Corona, 232 AD2d 652). Moreover, upon the exercise of our factual review power, we are *645satisfied, that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15 [5]). S. Miller, J. P., O’Brien, Ritter and Santucci, JJ., concur.

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