Opinion
Submitted February 25, 2000.
April 3, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Giaccio, J.), rendered November 2, 1998, convicting him of attempted murder in the second degree, assault in the first degree, and criminal possession of a weapon in the second degree, and imposing sentence.
Leon H. Tracy, Forest Hills, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Linda Cantoni of counsel; Danielle Sicari and Charles Weitman on the brief), for respondent.
WILLIAM C. THOMPSON, J.P., GABRIEL M. KRAUSMAN, ANITA R. FLORIO, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
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[5]).
The defendant's sentence 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.