Opinion
July 20, 1998
Appeal from the County Court, Nassau County (Boklan, J.).
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review his claim that the evidence was legally insufficient to prove that he was the perpetrator of the robbery (see, CPL 470.05; People v. Gray, 86 N.Y.2d 10; 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. 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).
In addition, the defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contention is without merit.
Miller, J. P., Sullivan, Friedmann and McGinity, JJ., concur.