Opinion
September 26, 1994
Appeal from the Supreme Court, Queens County (Robinson, J.).
Ordered that the judgment is affirmed.
The defendant's motion for a trial order of dismissal was not specific enough to preserve the issue of legal sufficiency for appellate review (see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245, 250; cf., People v. Gonzalez, 200 A.D.2d 759). 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. We find no merit to the defendant's claim that the testimony of the complainant and his friends was incredible as a matter of law (see, People v. Grajales, 187 A.D.2d 631). 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 (CPL 470.15).
We have examined the defendant's remaining contention and find it to be without merit. Balletta, J.P., O'Brien, Copertino and Florio, JJ., concur.