People v William Dildy

People v Dildy 2004 NY Slip Op 05668 [8 AD3d 675] June 28, 2004 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 25, 2004

The People of the State of New York, Respondent,
v
William Dildy, Appellant.

—[*1]Appeal by the defendant from a judgment of the County Court, Rockland County (Resnik J.), rendered July 18, 2002, convicting him of criminal possession of a controlled substance in the third degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15[5]). The alleged inability of the witnesses for the prosecution to recall minor details about the evidence went to the weight to be accorded the evidence, not its admissibility (see People v Bryant, 302 AD2d 603 [2003]; People v Lanza, 299 AD2d 649 [2002]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80, 83 [1982]). Florio, J.P., Luciano, Townes and Fisher, JJ., concur.