Opinion
July 13, 1998
Appeal from the Supreme Court, Kings County (Gerges, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish that he was "aided by another person actually present" as required by Penal Law § 160.10 (1) is unpreserved for appellate review ( see, CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Bynum, 70 N.Y.2d 858; People v. Johnson, 228 A.D.2d 521; People v. Lopez, 175 A.D.2d 267; People v. Udzinski, 146 A.D.2d 245). In any event, viewing the evidence in the light most favorable to the prosecution ( 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).
The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
Ritter, J. P., Santucci, Joy and Florio, JJ., concur.