Opinion
1999-11164.
Decided December 8, 2003.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered November 4, 1999, convicting him of murder in the second degree and assault in the first degree, upon a jury verdict, and imposing sentence.
Robert C. Mitchell, (Monroe A. Semble of counsel), for appellant.
Thomas J. Spota, District Attorney, (Douglas A. Spencer of counsel), for respondent.
Before: ROBERT W. SCHMIDT, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt 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. 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 sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.
McGINITY, J.P., LUCIANO, SCHMIDT and RIVERA, JJ., concur.