Opinion
2002-10896.
June 20, 2005.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Roman, J.), rendered November 22, 2002, convicting him of burglary in the first degree and assault in the third degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Tonya Plank of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Alexis Gorton of counsel), for respondent.
Before: H. Miller, J.P., Schmidt, Adams and Goldstein, JJ., concur.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 NY2d 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 find that the verdict of guilt was not against the weight of the evidence ( see CPL 470.15).