Opinion
November 23, 1992
Appeal from the Supreme Court, Kings County (Delury, J.).
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the identification testimony was properly admitted. The complainant's identification of the defendant was spontaneous and was not the result of any police activity (see, People v McCarter, 179 A.D.2d 780; People v Harris, 171 A.D.2d 882; People v Whitehead, 154 A.D.2d 493).
Further, 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 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 (see, CPL 470.15).
We have reviewed the defendant's remaining contentions and find them to be unpreserved for appellate review, and, in any event, without merit. Balletta, J.P., Rosenblatt, Miller and O'Brien, JJ., concur.