Opinion
May 5, 1997
Appeal from the Supreme Court, Richmond County (Kuffner, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was not legally sufficient to establish his guilt beyond a reasonable doubt is unpreserved for appellate review ( see, CPL 470.05; People v Udzinski, 146 A.D.2d 245). 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. An eyewitness, who knew the defendant for at least one year after seeing him in the neighborhood and speaking to him on the basketball court, testified that the defendant was only 25 feet from him at the time of the commission of the crime and that the street where it occurred was well lit ( see, People v. Jordan, 181 A.D.2d 745).
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 trial court's imposition of the maximum sentence of 25 years to life imprisonment for the murder conviction was not excessive under the circumstances of this case ( see, People v Suitte, 90 A.D.2d 80, 82).
Miller, J.P., Copertino, Krausman and Florio, JJ., concur.