Opinion
1999-11911.
Decided May 24, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered December 20, 1999, convicting him of rape in the first degree (three counts) and sodomy in the first degree (four counts), upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Bertrand J. Kahn of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee, and Heather Eve Abelson of counsel), for respondent.
Before: NANCY E. SMITH, J.P., HOWARD MILLER, SONDRA MILLER, DANIEL F. LUCIANO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contentions that the evidence was legally insufficient to support the conviction either are unpreserved for appellate review ( see CPR 470.05[2]; People v. Gray, 86 N.Y.2d 10) or without merit ( see People v. Thompson, 72 N.Y.2d 410, 415-416). Insofar as the contentions are unpreserved for appellate review, we decline to reach them in the exercise of our interest of justice jurisdiction ( see CPL 470.15[c]). 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).
SMITH, J.P., H. MILLER, S. MILLER and LUCIANO, JJ., concur.