People v Polanco
2004 NY Slip Op 03848 [7 AD3d 645]
May 10, 2004
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 28, 2004


The People of the State of New York, Respondent,
v
Maximo Polanco, Appellant.

[*1]Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), rendered December 21, 2000, convicting him of criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), 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]).

The defendant's remaining contention is without merit. Santucci, J.P., Schmidt, Townes and Mastro, JJ., concur.