Opinion
July 1, 1996
Appeal from the County Court, Westchester County (Angiollillo, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the evidence is not legally sufficient to establish his guilt beyond a reasonable doubt is unpreserved for appellate review ( see, CPL 470.05; People v. Barrett, 166 A.D.2d 657, 658; People v. Udzinski, 146 A.D.2d 245, 250). 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 is 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 is not against the weight of the evidence ( see, CPL 470.15).
The defendant's sentence is not excessive ( see, People v Suitte, 90 A.D.2d 80). Sullivan, J.P., Santucci, Joy and Hart, JJ., concur.