Opinion
Argued November 1, 1999
December 6, 1999
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Dunlop, J.), rendered November 18, 1996, convicting him of criminal sale of a controlled substance in the third degree and criminal sale of a controlled substance in or near school grounds, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (David Crow of counsel), and White Case, LLP, New York, N.Y. (Carla J. Davidovitch and Marc Moore of counsel), for appellant (one brief filed).
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Merri Turk Lasky of counsel), for respondent.
THOMAS R. SULLIVAN, J.P., DANIEL W. JOY, GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, 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[5]).
Contrary to the defendant's contention, the court's charge, when read as a whole, was proper (see, People v. Jordan, 187 A.D.2d 731 ;People v. Wise, 135 A.D.2d 593 ).
The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
SULLIVAN, J.P., JOY, KRAUSMAN, and LUCIANO, JJ., concur.