Opinion
November 7, 1994
Appeal from the County Court, Orange County (Byrne, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his identity was not preserved 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 (see, People v Duuvon, 77 N.Y.2d 541; People v. Dawson, 185 A.D.2d 854; People v Johnson, 185 A.D.2d 247). 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 (CPL 470.15).
We find that, in light of the defendant's background and criminal history, the sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80, 83). Thompson, J.P., Balletta, Rosenblatt and Florio, JJ., concur.