Opinion
2000-08163
Argued February 10, 2003.
March 3, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered August 18, 2000, convicting him of intimidating a victim or witness in the third degree, upon a jury verdict, and imposing sentence.
Andrew C. Fine, Brooklyn, N.Y. (Susan Epstein of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jane S. Meyers, Tziyonah M. Langsam, and James Lamb of counsel), for respondent.
Before: DAVID S. RITTER, J.P., LEO F. McGINITY, SANDRA L. TOWNES, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt of intimidating a victim or witness in the third degree is unpreserved for appellate review (see CPL 470.05; People v. Henderson, 265 A.D.2d 573; People v. Johnson, 169 A.D.2d 779). 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 it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see People v. Gamble, 74 N.Y.2d 904; People v. Singh, 292 A.D.2d 472). 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).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.
RITTER, J.P., McGINITY, TOWNES and MASTRO, JJ., concur.