Appellate Division of the Supreme Court of New York, 2000

People v. Marcano

People v. Marcano
Appellate Division of the Supreme Court of New York · Decided March 27, 2000
270 A.D.2d 502; 705 N.Y.S.2d 296; 2000 N.Y. App. Div. LEXIS 3158
People v. Marcano

Opinion of the Court

—Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered July 8, 1997, convicting him of criminal possession of a controlled substance in the third degree and criminal possession of a controlled substance in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment be affirmed.

Viewing the evidence in the light most favorable to the People (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 of guilt was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are without merit. S. Miller, J. P., Krausman, Florio and H. Miller, JJ., concur.

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