The People of the State of New York, Respondent, v. Derrick Jones, Appellant

The People of the State of New York, Respondent, v Derrick Jones, Appellant. [732 NYS2d 874] [MAJORITY] —Appeal by the defendant from a judgment of the County Court, Suffolk County (Gazzillo, J.), rendered October 4, 2000, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, after nonjury trial, and imposing sentence. Ordered that the judgment is affirmed. 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 and to disprove the defendant’s claim that he was acting as an agent of the undercover officer in the narcotics transaction (see, People v Herring, 83 NY2d 780; People v Lam Lek Chong, 45 NY2d 64, cert denied 439 US 935; People v Shands, 269 AD2d 613; People v Trotty, 262 AD2d 337; People v Leybovich, 201 AD2d 670). Upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]). The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80). O’Brien, J. P., Friedmann, Schmidt and Townes, JJ., concur.