Opinion
1532
March 15, 2002.
Appeal from a judgment of Livingston County Court (Cicoria, J.), entered June 20, 2000, convicting defendant after a jury trial of promoting prison contraband in the first degree.
Sidney K. Schoenwald, Rochester, for defendant-appellant.
Thomas E. Moran, District Attorney, Geneseo (Eric R. Schiener of counsel), for plaintiff-respondent.
PRESENT: WISNER, J.P., HURLBUTT, KEHOE, AND BURNS, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum:
Defendant appeals from a judgment entered following a jury verdict convicting him of promoting prison contraband in the first degree arising from his possession of a tin can lid (Penal Law § 205.25). Contrary to defendant's contention, the conviction is supported by legally sufficient evidence and the verdict is not against the weight of the evidence ( see, People v. Bleakley, 69 N.Y.2d 490, 495; see also, People v. Medina, 262 A.D.2d 708, lv denied 93 N.Y.2d 1023; People v. Jones, 185 A.D.2d 470, 471, lv denied 80 N.Y.2d 975). Defendant failed to preserve for our review his contentions concerning County Court's allegedly inappropriate interference in the examination of witnesses ( see, People v. Yut Wai Tom, 53 N.Y.2d 44, 55-56) or allegedly erroneous jury charge ( see, People v. Holland, 279 A.D.2d 645, 647, lv denied 96 N.Y.2d 801), and we decline to exercise our power to review those contentions as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]). We have reviewed defendant's remaining contentions and conclude that they are without merit.