Opinion
September 30, 1991
Appeal from the County Court, Nassau County (Harrington, J.).
Ordered that the judgment is affirmed and the matter is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).
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 was not against the weight of the evidence (see, CPL 470.15).
Although the court's decision denying the defendant's motion to suppress failed to set forth its findings of fact regarding the defendant's alleged state of intoxication during his questioning by police as required by CPL 710.60 (6), it is evident from the record that the defendant was not entitled to suppression of his statements (see, People v. Acosta, 74 A.D.2d 640).
We have reviewed the defendant's remaining contentions, including the alleged excessiveness of the sentence imposed, and find them to be either unpreserved for appellate review (see, CPL 470.05; see also, People v. Clink, 143 A.D.2d 838), without merit, or harmless in light of the overwhelming evidence of the defendant's guilt (see, People v. Baldi, 54 N.Y.2d 137; People v. Suitte, 90 A.D.2d 80; People v. Crimmins, 36 N.Y.2d 230). Mangano, P.J., Kunzeman, Miller and Copertino, JJ., concur.