Opinion
June 1, 1992
Appeal from the Supreme Court, Kings County (Egitto, J.).
Ordered that the judgment is affirmed.
Viewing the evidence adduced at trial in the light most favorable to the People (People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to prove the defendant's guilt beyond a reasonable doubt. 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).
The defendant's claim that the fourth and fifth counts of the indictment are duplicitous is unpreserved for appellate review and, in any event, without merit (see, CPL 200.30).
We also find that the hearing court properly refused the defendant's request to call one of the complaining witnesses to testify at the Wade hearing (see, People v. Chipp, 75 N.Y.2d 327, cert denied 498 U.S. 833). Balletta, J.P., Rosenblatt, Miller and Pizzuto, JJ., concur.