Opinion
April 23, 1993
Appeal from the Supreme Court, New York County (Albert Williams, J.).
Viewing the evidence in the light most favorable to the prosecution and giving it the benefit of every reasonable inference (People v Malizia, 62 N.Y.2d 755, cert denied 469 U.S. 932), we find the evidence was sufficient as a matter of law to support the verdict finding defendant guilty beyond a reasonable doubt of criminal possession of a controlled substance in the third degree (see, People v Ortiz, 170 A.D.2d 396, lv denied 77 N.Y.2d 998). Furthermore, upon an independent review of the facts, we find the verdict was not against the weight of the evidence (see, People v Bleakley, 69 N.Y.2d 490). The issues raised by defendant concerning the credibility of the police officers and the weight to be given to their testimony were properly placed before the jury and we find no reason to disturb its determination.
Defendant's arguments concerning the propriety of the court's main charge and supplemental instructions have not been preserved for appellate review (People v Lewis, 177 A.D.2d 421, 421-422, lv denied 79 N.Y.2d 949), and we decline to review them in the interest of justice. Were we to consider them in the interest of justice, we would nonetheless affirm, finding them to be without merit.
We have considered defendant's remaining contentions and find them to be without merit.
Concur — Milonas, J.P., Rosenberger, Ross and Kassal, JJ.