| People v Pilgrim |
| 2008 NY Slip Op 01976 [49 AD3d 564] |
| March 4, 2008 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v John Pilgrim, Appellant. |
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Kathleen M. Rice, District Attorney, Mineola, N.Y. (Magaret A. Mainusch and Cristin N.
Connell of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Nassau County (Sullivan, J.), rendered August 10, 2006, convicting him of criminal sale of a controlled substance in the third degree (three counts) and criminal possession of a controlled substance in the third degree (three counts), upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's claim that the County Court should have dismissed the indictment pursuant to CPL 210.20 (1) (h) is unpreserved for appellate review because he failed to move for such relief in the County Court (see CPL 470.05 [2]; People v Garcia, 33 AD3d 1050 [2006]; see also People v Gathers, 280 AD2d 554 [2001]). Upon the exercise of our factual review power (see CPL 470.15 [5]), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]). Lifson, J.P., Ritter, Florio and Carni, JJ., concur.