Opinion
Submitted March 24, 2000.
May 1, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (J. Goldberg, J.), rendered January 29, 1998, convicting him of burglary in the first degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Tarik Fouad Ajami of counsel), for appellant.
William L. Murphy, District Attorney, Staten Island, N.Y. (Karen F. McGee and Michael K. Degree of counsel), for respondent.
WILLIAM C. THOMPSON, J.P., DANIEL F. LUCIANO, SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant has not preserved for appellate review his contention that the People failed to prove his guilt by legally sufficient evidence because of alleged inherently unreliable identification evidence (see, CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Udzinski, 146 A.D.2d 245, 250). In any event, viewing the evidence in a 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. Haynes, 175 A.D.2d 929; People v. Blackshear, 112 A.D.2d 1044). It is well settled that the testimony of a single eyewitness, in and of itself, is sufficient to support a conviction (see, People v. Milliner, 133 A.D.2d 853; People v. Knight, 173 A.D.2d 736). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence (see, CPL 470.15).
The defendant's sentence was not excessive (see, People v. Delgado, 80 N.Y.2d 780; People v. Suitte, 90 A.D.2d 80).
THOMPSON, J.P., LUCIANO, FEUERSTEIN and SCHMIDT, JJ., concur.