Opinion
July 18, 1994
Appeal from the Supreme Court, Queens County (Rosenzweig, J.).
Ordered that the judgment is affirmed.
It is now settled law that a defendant's representation by counsel on a prior, pending charge is not a bar to the waiver of his rights, in the absence of counsel, with regard to new, unrelated charges (see, People v. Bing, 76 N.Y.2d 331; People v Weeks, 176 A.D.2d 836). Here, although the defendant was represented by counsel for a crime that occurred 10 days prior to his arrest in the instant matter, the crimes were unrelated and the defendant, after being fully advised of his Miranda rights, knowingly and intelligently waived them. Accordingly, the defendant was not denied his constitutional right to counsel.
In addition, the issue of legal sufficiency of the evidence was not preserved for appellate review (see, CPL 470.05). In any event, viewing the evidence in the light most favorable to the People (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 was not against the weight of the evidence (see, CPL 470.15).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. Sullivan, J.P., Lawrence, Pizzuto and Friedmann, JJ., concur.