Opinion
2001-10022
Submitted January 10, 2003.
February 13, 2003.
Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered November 5, 2001, convicting him of assault in the second degree, criminal trespass in the second degree, criminal possession of a weapon in the fourth degree, criminal mischief in the fourth degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence.
Neal D. Futerfas, White Plains, N.Y., for appellant.
Francis D. Phillips II, District Attorney, Goshen, N.Y. (Daniel M. Reback of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., SANDRA J. FEUERSTEIN, WILLIAM D. FRIEDMANN, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the challenged comments made by the prosecution during summation do not require reversal (see People v. Galloway, 54 N.Y.2d 396).
The defendant's challenge to the legal sufficiency of the evidence is unpreserved for appellate review (see CPL 470.05; People v. Gray, 86 N.Y.2d 10; 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).
The defendant's remaining contention is unpreserved for appellate review and, in any event, is without merit.
FLORIO, J.P., FEUERSTEIN, FRIEDMANN and RIVERA, JJ., concur.