Opinion
November 24, 1997
Appeal from the Supreme Court, Queens County (Pitaro, 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 contention that the court erred in not providing a circumstantial evidence charge pursuant to 1 CJI(NY) 9.05 is not preserved for appellate review ( see, CPL 470.05; People v. Cave, 191 A.D.2d 704), and we decline to review it in the exercise of our interest of justice jurisdiction.
The defendant's sentence was not excessive ( see, People v Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.
Rosenblatt, J. P., Ritter, McGinity and Luciano, JJ., concur.