Opinion
May 6, 1996
Appeal from the Supreme Court, Kings County (Starkey, J.).
Ordered that the judgment is affirmed.
The facts of this case are set forth in the decision on the appeal of the codefendant Sterling Davis ( see, People v. Davis, 220 A.D.2d 682).
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 Supreme Court properly permitted police officers to testify that the defendant fled from them on two occasions when they approached him, as the officers' testimony tended to establish consciousness of guilt ( see, People v. Yazum, 13 N.Y.2d 302; People v. DeGina, 140 A.D.2d 537, 538; People v. Shepherd, 176 A.D.2d 369, 370; People v. Gaines, 158 A.D.2d 540).
The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. Mangano, P.J., Miller, Ritter and Pizzuto, JJ., concur.