Opinion
Submitted September 17, 1999
October 25, 1999
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Katz, J.).
ORDERED that the judgment is affirmed.
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[5]).
The court properly refused to admit into evidence the audiotape recording made by the defendant's wife, inasmuch as no proper foundation for its admission had been laid (see, People v. Ely, 68 N.Y.2d 520, 527 ; People v. McGee, 49 N.Y.2d 48, 60 , cert denied sub nom. Waters v. New York, 446 U.S. 942; People v. Arena, 48 N.Y.2d 944, 945 ).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are unpreserved for appellate review (see, CPL 470.05[2], and in any event, without merit.
JOY, J.P., FRIEDMANN, GOLDSTEIN, and McGINITY, JJ., concur.