| People v Eduardo |
| 2007 NY Slip Op 07480 [44 AD3d 371] |
| October 9, 2007 |
| Appellate Division, First Department |
| The People of the State of New York, Respondent, v JuanEduardo, Appellant. |
—[*1] Robert M. Morgenthau, District Attorney, New York (Patricia Curran of counsel), forrespondent.
Judgment, Supreme Court, New York County (Edwin Torres, J.), rendered June 20, 2006,convicting defendant, after a jury trial, of criminal sale of a controlled substance in the thirddegree, and sentencing him to a term of one year, unanimously affirmed. The matter is remittedto Supreme Court, New York County, for further proceedings pursuant to CPL 460.50 (5).
Defendant's challenge to the sufficiency of the evidence and all of his constitutional claimsare unpreserved, and we decline to review them in the interest of justice. In any event, we findthat the verdict was based on legally sufficient evidence and was not against the weight of theevidence. Defendant's entire course of conduct and interactions with his codefendants supportedthe conclusion that he was a participant in a drug operation, and that he assisted the others byacting as a lookout (see People v Bello, 92 NY2d 523 [1998]). Concur—Lippman,P.J., Tom, Marlow, Gonzalez and Malone, JJ.