Opinion
February 9, 1998
Appeal from the Supreme Court, Westchester County (Cowhey, J.).
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).
The defendant's challenge to the racial composition of the jury pool was waived by his failure to make that challenge in writing to the trial court prior to the selection of the jury ( see, CPL 270.10; People v. Parks, 41 N.Y.2d 36, 41; People v. Consolazio, 40 N.Y.2d 446, 455, cert denied 433 U.S. 914; People v. Battle, 221 A.D.2d 648).
The trial court's reasonable doubt charge was proper ( see, People v. Robinson, 218 A.D.2d 673, 674, affd 88 N.Y.2d 1001).
The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review ( see, CPL 470.05; People v. Allen, 86 N.Y.2d 101, 111) or without merit.
O'Brien, J.P., Thompson, Santucci and McGinity, JJ., concur.