Opinion
September 29, 1997
Appeal from County Court, Nassau County (Cotter, J.),
Ordered that the judgment is affirmed.
The defendant's contention that the evidence adduced at trial was legally insufficient to establish his guilt of the crime of attempted murder in the second degree 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 People ( see, People v Contes, 60 N.Y.2d 620), we find that the evidence was legally sufficient to establish that the defendant intended to cause the death of the complainant. The People produced evidence that the defendant pointed a gun directly at the complainant's head and fired two shots at close range, hitting the complainant in the right hand and thigh ( see, People v. Cabassa, 79 N.Y.2d 722, 728, cert denied sub nom. Lind v. New York, 506 U.S. 1011; People v Gonzalez, 216 A.D.2d 412, 413; People v. Van Buren, 213 A.D.2d 504). 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 defendant's claim that he was deprived of a fair trial because of an alleged conflict of interest on the part of his prior counsel is not properly before this Court. The defendant has failed to establish a factual record sufficient for appellate review ( see, People v. Kinchen, 60 N.Y.2d 772) and the primary material relied upon in support of the claim is dehors the record ( see, People v. Whaley, 144 A.D.2d 510).
The defendant's remaining contentions are without merit or do not require reversal.
Joy, J.P., Goldstein, Florio and Luciano, JJ., concur.