Opinion
November 30, 1992
Appeal from the Supreme Court, Queens County (Leahy, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the People failed to adduce legally sufficient evidence establishing his identity as the murderer beyond a reasonable doubt is unpreserved for appellate review since his argument in this regard was not raised in the court of original instance (see, CPL 470.05; People v Proctor, 79 N.Y.2d 992; People v Logan, 74 N.Y.2d 859; People v McNeil, 183 A.D.2d 790). In any event, viewing the evidence in a light most favorable to the People (see, People v Contes, 60 N.Y.2d 620), we find it was legally sufficient to establish the defendant's identity as the perpetrator 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 (CPL 470.15).
The defendant's remaining contentions are also unpreserved for appellate review, and, in any event, are without merit. Mangano, P.J., Thompson, Eiber and Ritter, JJ., concur.