Opinion
2001-08127
Submitted February 3, 2003.
February 24, 2003.
Appeal by the defendant from a judgment of the County Court, Nassau County (Boklan, J.), rendered August 28, 2001, convicting him of burglary in the second degree, after a nonjury trial, and imposing sentence.
Arza Feldman, Hauppauge, N.Y., for appellant, and appellant pro se.
Denis Dillon, District Attorney, Mineola, N.Y. (Karen Wigle Weiss and John F. McGlynn of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., SONDRA MILLER, WILLIAM D. FRIEDMANN, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt is unpreserved for appellate review (see CPL 470.05; People v. Bynum, 70 N.Y.2d 858; People v. Fryar, 276 A.D.2d 641). 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. 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 defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit.
ALTMAN, J.P., S. MILLER, FRIEDMANN and McGINITY, JJ., concur.