Opinion
April 30, 1996
Appeal from the Supreme Court, Bronx County (Robert Cohen, J.).
Giving due deference to the jury's findings on credibility, and utilizing the standards appropriate for circumstantial evidence ( People v. Kennedy, 47 N.Y.2d 196, 201-203; People v Cabey, 85 N.Y.2d 417, 421), defendant's guilt was established by sufficient, indeed overwhelming, evidence. Defendant's challenge to the circumstantial evidence instruction is unpreserved for review as a matter of law ( People v. Ford, 66 N.Y.2d 428, 441), and, in any event, without merit ( see, People v. Sanchez, 61 N.Y.2d 1022, 1024). The hearsay challenge was addressed in our ruling affirming the conviction of defendant's accomplice ( People v. Maddaloni, 214 A.D.2d 325, lv denied 86 N.Y.2d 737), and we find no basis to reach a different conclusion here. We perceive no abuse of discretion in sentencing.
Concur — Murphy, P.J., Rubin, Kupferman, Ross and Tom, JJ.