Opinion
December 23, 1988
Appeal from the Erie County Court, Wolfgang, J.
Present — Callahan, J.P., Boomer, Green, Pine and Davis, JJ.
Judgment unanimously affirmed. Memorandum: The evidence, viewed in the light most favorable to the People (People v Contes, 60 N.Y.2d 620, 621), established beyond a reasonable doubt that defendant knowingly and unlawfully sold heroin to an undercover police officer (see, Penal Law § 220.39; People v Berry, 128 A.D.2d 715; People v Jozic, 120 A.D.2d 841, 842, lv denied 68 N.Y.2d 669). We have considered defendant's remaining claims and find that each one lacks merit.