Opinion
October 24, 1988
Appeal from the Supreme Court, Westchester County (McMahon, J.).
Ordered that the judgment is affirmed.
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. Moreover, 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 defendant's challenge to the validity of the indictment is not reviewable on appeal from an ensuing judgment of conviction based upon legally sufficient evidence (CPL 210.30; People v Pelchat, 62 N.Y.2d 97; People v O'Connor, 126 A.D.2d 676).
We have reviewed the defendant's remaining contentions and find them to be without merit. Bracken, J.P., Lawrence, Spatt and Harwood, JJ., concur.