Appellate Division of the Supreme Court of New York, 2000

People of State of New York v. Downs

People of State of New York v. Downs
Appellate Division of the Supreme Court of New York · Decided July 24, 2000
274 A.D.2d 522; 712 N.Y.S.2d 389; 2000 N.Y. App. Div. LEXIS 8148
People of State of New York v. Downs

Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Westchester *523County (Perone, J.), rendered April 30, 1998, convicting him of criminal possession of a controlled substance in the third degree, criminal possession of a controlled substance in the fourth degree, and criminal possession of a controlled substance in the seventh degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution, we find that it was legally sufficient to establish his guilt beyond a reasonable doubt (see, People v Contes, 60 NY2d 620). 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 remaining contentions are without merit. Joy, J. P., S. Miller, Luciano and Smith, JJ., concur.

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