Opinion
Submitted September 9, 1999
October 18, 1999
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Flaherty, J.).
ORDERED that the judgment is affirmed.
The defendant's contention that his conviction of burglary in the second degree is not supported by legally sufficient evidence is unpreserved for appellate review (see, CPL 470.05; People v. Bynum, 70 N.Y.2d 858). 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 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).
THOMPSON, J.P., SULLIVAN, ALTMAN, and FEUERSTEIN, JJ., concur.