Opinion
2002-02032
January 17, 2003.
February 13, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rosengarten, J.), rendered February 26, 2002, convicting him of sexual abuse in the first degree and endangering the welfare of a child (three counts), upon a jury verdict, and imposing sentence.
Mischel, Neuman Horn, P.C., New York, N.Y. (James E. Neuman of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Michael D. Tarbutton of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., WILLIAM D. FRIEDMANN, BARRY A. COZIER, WILLIAM F. MASTRO, JJ.
DECISION ORDER
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).
The defendant's contention that the evidence was legally insufficient to establish his guilt of sexual abuse in the first degree (Penal Law § 130.65) and endangering the welfare of a child (Penal Law § 260.10), 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 either unpreserved for appellate review or without merit.
FLORIO, J.P., FRIEDMANN, COZIER and MASTRO, JJ., concur.