Opinion

People v. Brown

  • 283 A.D.2d 437
  • 723 N.Y.S.2d 879
  • 2001 N.Y. App. Div. LEXIS 4720
Court
Appellate Division of the Supreme Court of the State of New York
Filed
May 7, 2001
Status
Published
Cited by
1 cases
Authority
More cited than 58.1%

The opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hall, J.), rendered March 13, 1997, 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 his guilt of criminal sale of a controlled substance in the third degree is unpreserved for appellate review (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10 ; People v Udzinski, 146 AD2d 245 ). In any event, 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 was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s contention that he received ineffective assistance of counsel is without merit (see, People v Benevento, 91 NY2d 708 ; People v Satterfield, 66 NY2d 796 ; People v Baldi, 54 NY2d 137 ; People v Wicker, 229 AD2d 602 ).

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

The defendant’s remaining contentions, including those set forth in his supplemental pro se brief, are without merit. Ritter, J. P., McGinity, H. Miller and Townes, JJ., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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