Opinion
Argued June 5, 2000
August 21, 2000.
Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered July 6, 1999, convicting him of criminally negligent homicide, assault in the third degree (two counts), reckless endangerment in the second degree, and reckless driving, after a nonjury trial, and imposing sentence.
Rochman Platzer Fallick Sternheim, LLP, New York, N.Y. (Barry M. Fallick and Bobbi C. Sternheim of counsel), for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (John J. Hughes, Andrew R. Kass, and David R. Huey of counsel), for respondent.
Before: GUY JAMES MANGANO, P.J., CORNELIUS J. O'BRIEN, THOMAS R. SULLIVAN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that his conviction of criminally negligent homicide is not supported by legally sufficient evidence is unpreserved for appellate review (see, CPL 470.05; People v. Gray, 86 N.Y.2d 10). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that the evidence established the defendant's guilt of criminally negligent homicide beyond a reasonable doubt (see, People v. Haney, 30 N.Y.2d 328; People v. Mitchell, 213 A.D.2d 562; People v. Senisi, 196 A.D.2d 376). 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 470.1 5[5]).