Opinion
May 18, 1992
Appeal from the Supreme Court, Kings County (Douglass, J.).
Ordered that the judgment is affirmed.
The defendant's claim that the showup identification should have been suppressed because his arrest was not based on probable cause is not preserved for appellate review (see, CPL 470.05; People v. Fenner, 61 N.Y.2d 971; People v. Jones, 81 A.D.2d 22), and we decline to exercise our interest of justice jurisdiction to review it.
We also disagree with the defendant's contention that the evidence was not legally sufficient to sustain his conviction. Viewing the evidence in the light most favorable to the prosecution (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 (CPL 470.15).
We have reviewed the defendant's remaining contentions and find them to be without merit. Thompson, J.P., Rosenblatt, Miller and Pizzuto, JJ., concur.