Opinion
October 19, 1998
Appeal from the Supreme Court, Westchester County (Cirigliano, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the evidence is legally insufficient to establish his guilt beyond a reasonable doubt is unpreserved for appellate review, since at the close of the People's case he made only a general motion for dismissal and did not assert the ground that he now relies upon ( see, CPL 470.05; People v. Gray, 86 N.Y.2d 10). 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; People v. Sullivan, 159 A.D.2d 738).
In addition, the defendant has not preserved for appellate review his contention that the trial court's sanction for the unexplained loss of the recording officer's initial notes concerning his interview with the complaining witness was inadequate ( see, People v. Fields, 215 A.D.2d 775; People v. Roe, 196 A.D.2d 899). In any event, the trial court's sanction, an adverse inference charge, was adequate.
The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
O'Brien, J. P., Sullivan, Pizzuto and Florio, JJ., concur.