The opinion
— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered November 18, 1988, 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.
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 Wharton, 74 NY2d 921 ; People v Morales, 37 NY2d 262, 271 ). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence (see, CPL 470.15 [5]).
The defendant’s further contention is not preserved for appellate review (see, CPL 470.05 [2]), and in any event, it is without merit. Bracken, J. P., Kooper, Lawrence and Miller, JJ., concur.