Opinion
April 5, 1993
Appeal from the Supreme Court, Queens County (Goldstein, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the People failed to adduce legally sufficient evidence establishing his identity as one of the attackers beyond a reasonable doubt is unpreserved for appellate review (see, CPL 470.05; People v Bynum, 70 N.Y.2d 858; People v Udzinski, 146 A.D.2d 245). In any event, viewing the evidence in a light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find that the complainant's opportunity to observe the defendant in a well-lit vestibule to an apartment building immediately prior to the attack and the complainant's unequivocal in-court identification were legally sufficient to establish the defendant's identity beyond a reasonable doubt (see, People v Caballero, 177 A.D.2d 496). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15). Thompson, J.P., Miller, Lawrence and Pizzuto, JJ., concur.