Opinion
December 11, 1995
Appeal from the County Court, Suffolk County (Mullen, J.).
Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Suffolk County, for further proceedings pursuant to CPL 460.50 (5).
The defendant's claim that the evidence was legally insufficient 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, 621), 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 prosecution asked the defendant on three occasions whether other witnesses had lied during their testimony. While such questioning is improper, we find the error to be harmless in light of the overwhelming evidence of the defendant's guilt (see, People v Wallace, 182 A.D.2d 1079; People v Eldridge, 151 A.D.2d 966, lv denied 74 N.Y.2d 808; People v Kitlitz, 141 A.D.2d 565; People v Hall, 122 A.D.2d 163; People v Montgomery, 103 A.D.2d 622).
The sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80).
The defendant's remaining contention is unpreserved for appellate review. Bracken, J.P., Sullivan, Rosenblatt and Hart, JJ., concur.