Opinion
June 22, 1998
Appeal from the Supreme Court, Queens County (McGann, J.).
Ordered that the judgment as amended is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt is not preserved for appellate review ( see, CPL 470.05; People v. Davis, 249 A.D.2d 486). 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 ( see, People v. Hallums, 157 A.D.2d 800; People v. Shealy, 51 N.Y.2d 933). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence ( see, CPL 470.15).
The sentence imposed is not harsh or excessive ( see, People v. Suitte, 90 A.D.2d 80).
Rosenblatt, J.P., Miller, Ritter and Goldstein. JJ., concur.