Opinion
2001-05408.
Argued October 3, 2003.
November 24, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered June 5, 2001, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Denise A. Corsi of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Seth M. Lieberman of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, WILLIAM D. FRIEDMANN, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's challenge to the legal sufficiency of the evidence is unpreserved for appellate review ( see CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Udzinski, 146 A.D.2d 245). 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. 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 prosecutor had a good faith basis to cross-examine the defendant about his purported drug-selling activities ( see People v. Alamo, 23 N.Y.2d 630, 634, cert denied 396 U.S. 879; People v. Sealy, 167 A.D.2d 362, 363).
The defendant's contention that the Supreme Court improperly considered a charge of which he was acquitted as a basis for imposing sentence is unpreserved for appellate review ( see CPL 470.05; People v. Hurley, 75 N.Y.2d 887; People v. Emmanus, 300 A.D.2d 504), and in any event, is without merit ( see People v. Emmanus, supra; cf. People v. Reeder, 298 A.D.2d 468).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contention is without merit.
ALTMAN, J.P., FLORIO, FRIEDMANN and MASTRO, JJ., concur.