PEOPLE v. MARTE

The verdict was based on legally sufficient evidence and was not against the weight of the evidence. The evidence warranted the inference of defendant's guilt under the drug factory presumption ( see Penal Law § 220.25). The evidence also warranted the inference that defendant was a participant in a drug-selling operation conducted out of an apartment, and thus was in constructive possession of the contraband found at that location ( see People v. Bundy, 90 NY2d 918, 920; People v. Abreu, 261 AD2d 297, lv denied 93 NY2d 1013). The evidence included, among other things, the drug operation's extensive records, in which defendant's first name, or variants thereof, appeared repeatedly.

We perceive no basis for reducing the sentence.