283 A.D.2d 437 723 N.Y.S.2d 879

The People of the State of New York, Respondent, v Michael Brown, Appellant.

[723 NYS2d 879]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hall, J.), rendered March 13, 1997, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish his guilt of criminal sale of a controlled substance in the third degree is unpreserved for appellate review (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10; People v Udzinski, 146 AD2d 245). In any event, viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 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 was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s contention that he received ineffective assistance of counsel is without merit (see, People v Benevento, 91 NY2d 708; People v Satterfield, 66 NY2d 796; People v Baldi, 54 NY2d 137; People v Wicker, 229 AD2d 602).

The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions, including those set forth in his supplemental pro se brief, are without merit. Ritter, J. P., McGinity, H. Miller and Townes, JJ., concur.

People v. Brown
283 A.D.2d 437 723 N.Y.S.2d 879

Case Details

Name
People v. Brown
Decision Date
May 7, 2001
Citations

283 A.D.2d 437

723 N.Y.S.2d 879

Jurisdiction
New York

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