Opinion
Argued February 1, 2000
March 17, 2000
Appeal by the defendant from a judgment of the County Court, Nassau County (DeRiggi, J.), rendered June 22, 1998, convicting him of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Marianne T. Byrne, Brooklyn, N.Y., for appellant.
Denis Dillon, District Attorney, Mineola, N.Y. (Bruce E. Whitney and Andrea M. DiGregorio of counsel), for respondent.
DAVID S. RITTER, J.P., FRED T. SANTUCCI, WILLIAM C. THOMPSON, LEO F. McGINITY, 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 Crim. Proc.[5]).
Contrary to the defendant's contention, the People provided adequate assurances of the identity and unchanged condition of the narcotics entered into evidence at trial (see, People v. Julian, 41 N.Y.2d 340; People v. Brathwaite, 204 A.D.2d 733).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
RITTER, J.P., SANTUCCI, THOMPSON, and McGINITY, JJ., concur.