| People v Williams |
| 2007 NY Slip Op 06802 [43 AD3d 729] |
| September 20, 2007 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v DavidWilliams, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Eleanor J. Ostrow of counsel), forrespondent.
Judgment, Supreme Court, New York County (Robert H. Straus, J.), rendered July 14, 2005,convicting defendant, after a jury trial, of criminal possession of a controlled substance in thefifth degree, and sentencing him to a term of one year, unanimously affirmed.
Defendant's arguments concerning the sufficiency of the evidence establishing the weight ofthe cocaine he possessed are unpreserved and we decline to review them in the interest of justice.Were we to review these claims, we would find that the verdict was based on legally sufficientevidence. We further find that it was not against the weight of the evidence. The chemist'stestimony supported the conclusion that the pure cocaine weighed more than 500 milligrams, thestatutory threshold for fifth-degree possession.
Defendant's claim that the People violated their disclosure obligations under Brady vMaryland (373 US 83 [1963]) is based on factual assertions outside the record, and is thusunreviewable on direct appeal.
Defendant's remaining contention is unpreserved and without merit.Concur—Lippman, P.J., Mazzarelli, Sullivan, Nardelli and Sweeny, JJ.