Opinion
March 2, 1998
Appeal from the Family Court, Queens County (Friedman, J.).
Ordered that the appeal from the fact-finding order dated April 10, 1997, is dismissed as that order was superseded by the dispositional orders dated June 2, 1997; and it is further,
Ordered that the dispositional orders are affirmed, without costs or disbursements.
The appellant failed to preserve for appellate review his contention that the evidence adduced at the fact-finding hearing was legally insufficient to establish his identity as one of the perpetrators since he did not raise this claim at the hearing (cf., CPL 470.05; People v. Cannon, 224 A.D.2d 439). In any event, viewing the evidence in the light most favorable to the presentment agency (see, Matter of Jeffrey C., 239 A.D.2d 413; cf., People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the appellant's identity beyond a reasonable doubt (see, People v. Caballero, 177 A.D.2d 496; People v. Dixon, 158 A.D.2d 467; People v. Neese, 138 A.D.2d 531). 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, Family Ct. Act § 342.2; cf., CPL 470.15).
We have reviewed the appellant's remaining contentions and find them to be without merit.
Thompson, J. P., Joy, Florio and Luciano, JJ., concur.