Opinion
September 28, 1998
Appeal from the Supreme Court, Suffolk County (Mullen, J.).
Ordered that the judgment is affirmed.
The defendant's claim that the People did not adduce legally sufficient evidence of the element of "criminal negligence" is unpreserved for appellate review ( 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 the defendant's guilt of criminally negligent homicide 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 sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.
Bracken, J.P., Ritter, Thompson and Krausman, JJ., concur.