Opinion
2002-04091.
Decided May 10, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered March 27, 2002, convicting him of criminal possession of a weapon in the third degree and unlawful possession of marijuana, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Reyna E. Marder of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen of counsel; Renee Anderson on the brief), for respondent.
Before: DAVID S. RITTER, J.P., NANCY E. SMITH, HOWARD MILLER, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
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 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 contention that his adjudication as a persistent violent felony offender violated his right to a jury trial is unpreserved for appellate review, and, in any event, is without merit ( see People v. Telesford, 2 A.D.3d 757; People v. McKenzie, 298 A.D.2d 409; People v. Rice, 285 A.D.2d 617).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
RITTER, J.P., SMITH, H. MILLER and GOLDSTEIN, JJ., concur.