Opinion
June 1, 1993
Appeal from the Supreme Court, Richmond County (Garry, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to prove intent is not preserved for appellate review (see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245, 250). 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 that the defendant had the intent to commit a crime at the time he entered the complainant's house (see, People v. Barnes, 50 N.Y.2d 375, 381; People v. Howard, 163 A.D.2d 533). Moreover, upon the exercise of our factual review power, we find that the verdict was not against the weight of the evidence (see, CPL 470.15). Lawrence, J.P., O'Brien, Copertino and Santucci, JJ., concur.