Opinion
2001-03092.
Submitted October 27, 2003.
November 214, 2003.
Appeal by the defendant from a judgment of the County Court, Westchester County (Smith, J.), rendered March 20, 2001, convicting him of assault in the second degree, obstructing governmental administration in the second degree, and criminal possession of a controlled substance in the fourth degree, after a nonjury trial, and imposing sentence.
Jessica A. Hugel, Croton-on-Hudson, N.Y., for appellant, and appellant pro se.
Jeanine Pirro, District Attorney, White Plains, N.Y. (John C. Thomas, Richard Longworth Hecht, and Valerie A. Livingston of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., ANITA R. FLORIO, DANIEL F. LUCIANO, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt is unpreserved for appellate review ( see CPL 470.05; People v. Bynum, 70 N.Y.2d 858; People v. Fryar, 276 A.D.2d 641). 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 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 remaining contentions, including those raised in his supplemental pro se brief, either are unpreserved for appellate review or without merit.
ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.