Opinion
February 22, 1999
Appeal from the Supreme Court, Westchester County (Colabella, J.).
Ordered that the judgment is modified, on the law, by deleting the provision thereof imposing consecutive indeterminate terms of imprisonment and substituting therefor a provision that all of the sentences shall run concurrently to one another; as so modified, the judgment is affirmed.
The defendant's contention that his conviction is not supported by legally sufficient evidence is unpreserved for appellate review (see, People v. Vega, 183 A.D.2d 864). 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).
However, the court erred in imposing consecutive sentences for the defendant's convictions of sodomy in the first degree and criminal use of a firearm in the first degree since both convictions arose out of a single incident (see, People v. Velez, 206 A.D.2d 554; People v. Terry, 104 A.D.2d 572).
Mangano, P. J., Sullivan, Joy and Altman, JJ., concur.