Opinion
December 18, 1995
Appeal from the Supreme Court, Kings County (Marrus, J.).
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 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 defendant has failed to preserve for appellate review his claim that he was not properly adjudicated a second felony offender ( see, People v Smith, 73 N.Y.2d 961; People v DeGroat, 203 A.D.2d 378). In any event, he waived this issue ( see, CPL 400.21; People v Hewitt, 97 A.D.2d 828; People v Quattrocchi, 121 A.D.2d 479). Mangano, P.J., Bracken, Sullivan and Hart, JJ., concur.