Opinion
July 9, 1990
Appeal from the County Court, Nassau County (Harrington, J.).
Ordered that the judgment is affirmed.
The evidence adduced at the trial, which indicated that a stolen 1988 Dodge Ram Charger was parked near the defendant's residential property, coupled with the defendant's statements to police, and the recovery of certain items from the defendant's property, overwhelmingly established his guilt. The evidence as a whole was inconsistent with defendant's innocence and excluded to a moral certainty every reasonable hypothesis except guilt (see, People v. Betancourt, 68 N.Y.2d 707; People v Lewis, 64 N.Y.2d 1111, 1112; People v. Jimison, 145 A.D.2d 648; see also, People v. Barnes, 50 N.Y.2d 375, 380; People v Benzinger, 36 N.Y.2d 29). 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 factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
We have reviewed the defendant's remaining contentions and find them to be either unpreserved for appellate review or without merit. Mangano, P.J., Bracken, Rubin and Rosenblatt, JJ., concur.