Opinion
June 14, 1993
Appeal from the County Court, Nassau County (Orenstein, J.).
Ordered that the judgment is affirmed.
The defendant has not preserved for appellate review his contention that the People failed to prove his identity as the perpetrator beyond a reasonable doubt, since he did not raise this issue on his motion for a trial order of dismissal or on his motion to set aside the verdict (see, CPL 470.05; People v Johnson, 185 A.D.2d 247; People v. Colavito, 70 N.Y.2d 996; People v. Bynum, 70 N.Y.2d 858). In any event, viewing the evidence adduced at trial in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that there was legally sufficient proof 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 sentence imposed did not constitute cruel and unusual punishment in violation of constitutional limitations (see, NY Const, art I, § 5; US Const 8th Amend; People v. Jones, 39 N.Y.2d 694; People v. Boatwright, 159 A.D.2d 510). Nor do we find, under the circumstances of this case, that the sentence was excessive (see, People v. Suitte, 90 A.D.2d 80). Mangano, P.J., O'Brien, Ritter and Pizzuto, JJ., concur.