236 A.D.2d 621 654 N.Y.S.2d 664

The People of the State of New York, Respondent, v Anthony DeLeon, Appellant.

[654 NYS2d 664]

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Orgera, J.), rendered June 12, 1995, 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 claim that the evidence at trial was legally insufficient to prove his guilt beyond a reasonable doubt is unpreserved for appellate review because the motion for a trial order of dismissal lacked specificity (see, CPL 470.05 [2]; People v Bynum, 70 NY2d 858; People v McGee, 204 AD2d 353). In any event, viewing the evidence in the light most favorable to the prosecution (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 of guilt was not against the weight of the evidence (see, CPL 470.15 [5]). Miller, J. P., Sullivan, Florio and Luciano, JJ., concur.

People v. DeLeon
236 A.D.2d 621 654 N.Y.S.2d 664

Case Details

Name
People v. DeLeon
Decision Date
Feb 24, 1997
Citations

236 A.D.2d 621

654 N.Y.S.2d 664

Jurisdiction
New York

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