Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Gary Laster, Appellant
257 A.D.2d 579682 N.Y.S.2d 895·New York Supreme Court, Appellate Division·1999·NY
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Opinion
The People of the State of New York, Respondent, v Gary Laster, Appellant.
[682 NYS2d 895]
[MAJORITY]
—Appeal by the defendant from a judgment of the Supreme Court, Richmond County (J. Goldberg, J.), rendered December 9, 1996, convicting him of criminal sale of a controlled substance in the third 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 establish that he sold a bag of cocaine to an undercover police officer 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), 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]). Sullivan, J. P., Krausman, Goldstein and Luciano, JJ., concur.