PEOPLE v. MILLER


282 A.D.2d 550 (2001)

722 N.Y.S.2d 751

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. McKINLEY MILLER, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided April 9, 2001.


Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his argument that because of his acquittal on the charge of criminal sale of a controlled substance in the third degree, his conviction on the charge of criminal possession of a controlled substance in the third degree is against the weight of the evidence (see, CPL 470.05 [2]).

In any event, viewing the evidence in the light most favorable to the prosecution...

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