Opinion
December 14, 1992
Appeal from the Supreme Court, Westchester County (Rosato, 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. Contrary to the defendant's contention, the record supports the court's finding that he failed to come forward with sufficient evidence to overcome the presumption of sanity (see, People v Kohl, 72 N.Y.2d 191; People v Silver, 33 N.Y.2d 475; People v McMillian, 174 A.D.2d 759; Penal Law former § 30.05). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15).
We find that the defendant's remaining contentions are without merit. Mangano, P.J., Bracken, Sullivan and O'Brien, JJ., concur.