Opinion
2002-07063.
Decided June 28, 2004.
Appeal by the defendant from a judgment of the County Court, Rockland County (Resnik J.), rendered July 18, 2002, convicting him of criminal possession of a controlled substance in the third degree, after a nonjury trial, and imposing sentence.
James D. Licata, New City, N.Y., for appellant.
Michael E. Bongiorno, District Attorney, New City, N.Y. (Ann C. Sullivan and Stephanie A. Small of counsel), for respondent.
Before: ANITA R. FLORIO, J.P. DANIEL F. LUCIANO, SANDRA L. TOWNES, STEVEN W. FISHER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 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 of guilt was not against the weight of the evidence ( see CPL 470.15). The alleged inability of the witnesses for the prosecution to recall minor details about the evidence went to the weight to be accorded the evidence, not its admissibility ( see People v. Bryant, 302 A.D.2d 603; People v. Lanza, 299 A.D.2d 649).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80, 83).
FLORIO, J.P., LUCIANO, TOWNES and FISHER, JJ., concur.