Opinion
2003-05986.
Decided May 3, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Dickerson, J.), rendered July 8, 2003, convicting him of assault in the first degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Edward W. Hayes, P.C., New York, N.Y. (Rae Downes Koshetz of counsel), for appellant.
Jeanine Pirro, District Attorney, White Plains, N.Y. (Laurie Sapakoff and Richard Longworth Hecht of counsel), for respondent.
Before: DAVID S. RITTER, J.P., HOWARD MILLER, DANIEL F. LUCIANO, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt of assault in the first degree and criminal possession of a weapon in the third degree 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).
Contrary to the defendant's contention, he received the effective assistance of counsel ( see People v. Benevento, 91 N.Y.2d 708; People v. Satterfield, 66 N.Y.2d 796; People v. Baldi, 54 N.Y.2d 137; People v. Wicker, 229 A.D.2d 602; People v. Sullivan, 153 A.D.2d 223).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.
RITTER, J.P., H. MILLER, LUCIANO and ADAMS, JJ., concur.