Opinion
April 27, 1998
Appeal from the Supreme Court, Queens County (Fisher, J.).
Ordered that the judgment is affirmed.
The defendant's legal sufficiency claim is unpreserved for appellate review because his motion for a trial order of dismissal was not specific (see, CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Cannon, 224 A.D.2d 439; People v. Pinder, 199 A.D.2d 544). 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 defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).
Ritter, J.P., Thompson, Goldstein and McGinity, JJ., concur.