PEOPLE v. COUNCIL

8127, 1348/06.

98 A.D.3d 917 (2012)

951 N.Y.S.2d 149

2012 NY Slip Op 6385

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TONY COUNCIL, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

September 27, 2012.


Defendant challenges the sufficiency and weight of the evidence supporting one of his two convictions of first-degree criminal sale of a controlled substance. Defendant did not preserve his sufficiency claim, and we decline to review it in the interest of justice. As an alternative holding, we find that this conviction was based on legally sufficient evidence. We also find that it was not against the weight of the evidence (see People v Danielson,

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