People v. Smith

Appeal by the defendant from a judgment of the Supreme Court, Nassau County (T. Murphy, J.), rendered January 28, 2016, convicting him of criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the People failed to prove that he intended to sell heroin that was in his possession is unpreserved for appellate review, since the defendant did not specify this ground in his motion to dismiss at trial (see CPL 470.05 [2]; People v Gray, 86 NY2d 10 [1995]). In any event,…