Opinion
2002-07291.
Decided February 2, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mullen, J.), rendered September 5, 2001, convicting him of manslaughter in the second degree (two counts), vehicular manslaughter in the second degree (two counts), assault in the second degree, vehicular assault in the second degree, and driving while intoxicated, after a nonjury trial, and imposing sentence.
Raymond E. Kerno, Mineola, N.Y., for appellant.
Thomas J. Spota, District Attorney, Riverhead, N.Y. (Cameron Kenny of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., ROBERT W. SCHMIDT, THOMAS A. ADAMS and STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant failed to preserve for appellate review his challenges to the legal sufficiency of the prosecution's evidence ( see CPL 470.05). 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 his guilt beyond a reasonable doubt. In addition, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence ( see CPL 470.15).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
SANTUCCI, J.P., SCHMIDT, ADAMS and CRANE, JJ., concur.