Opinion
February 23, 1998
Appeal from the Supreme Court, Queens County (Dunlop, J.).
Ordered that the judgment is affirmed and the matter is remitted to the Supreme Court, Queens County, for further proceedings pursuant to CPL 460.50 (5).
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 ( see, Penal Law § 155.25; cf., People v. Fletcher, 110 App. Div. 231). 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; Penal Law § 70.30 [b]).
Bracken, J.P., Santucci, Altman and McGinity, JJ., concur.