Opinion
December 4, 1995
Appeal from the Supreme Court, Kings County (Starkey, J.).
Ordered that the judgment is affirmed.
The defendant's challenge to the legal sufficiency of the evidence 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, 621), we find it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see, People v Bumbury, 194 A.D.2d 735; People v Cruz, 197 A.D.2d 630, 631). Moreover, upon the exercise of our factual review power, we are satisfied the verdict was not against the weight of the evidence (see, CPL 470.15).
Moreover, the defendant's sentence is not excessive (see, People v Suitte, 90 A.D.2d 80). Bracken, J.P., Sullivan, Rosenblatt and Hart, JJ., concur.