Opinion
March 30, 1998
Appeal from the County Court, Nassau County (Mackston, J.).
Ordered that the judgment is affirmed.
The defendant has failed to preserve for appellate review his contention that the evidence adduced at trial was insufficient to establish that he intended to kill his wife ( see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245). In any event, viewing the evidence in the light most favorable to the People ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish defendant's guilt of attempted murder beyond a reasonable doubt. The evidence was also sufficient to establish that the knife wound the defendant inflicted upon his wife caused her to suffer serious physical injury ( see, People v. Perez, 184 A.D.2d 1033; People v. Gray, 47 A.D.2d 674, 675). 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; People v. Gaimari, 176 N.Y. 84, 94; People v. Garafolo, 44 A.D.2d 86, 88).
We have reviewed the defendant's remaining contentions and find them to be without merit.
Miller, J. P., Thompson, Friedmann and McGinity, JJ., concur.