Opinion
March 4, 1996
Appeal from the Supreme Court, Kings County (George, J.).
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see, People v Contes, 60 N.Y.2d 620), we find it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of 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 contention regarding the inadequacy of the court's adverse inference charge, imposed as a sanction against the prosecution for the destruction of the dagger partially displayed by the defendant during the commission of the crimes ( see, People v Kelly, 62 N.Y.2d 516; People v Gibbs, 207 A.D.2d 288, affd 85 N.Y.2d 899; People v Johnson, 220 A.D.2d 454), is unpreserved for appellate review ( see, People v Williams, 196 A.D.2d 904) and, in any event, without merit ( see, People v Martinez, 71 N.Y.2d 937).
Finally, the sentence imposed was not excessive ( see, People v Suitte, 90 A.D.2d 80). Miller, J.P., Hart, Friedmann and Florio, JJ., concur.