Opinion
2002-03679
Submitted June 9, 2003.
June 23, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hollie, J.), rendered April 12, 2002, convicting him of sexual abuse in the first degree, upon a jury verdict, and imposing sentence.
Randall D. Unger and Stephen J. Singer, Kew Gardens, N.Y., for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Jill Gross-Marks of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt of sexual abuse in the first degree is unpreserved for appellate review (see CPL 470.05; People v. Gray, 86 N.Y.2d 10; 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 his 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 defendant's remaining contentions either are unpreserved for appellate review or without merit.
RITTER, J.P., S. MILLER, LUCIANO and H. MILLER, JJ., concur.