Opinion
February 13, 1990
Appeal from the Supreme Court, Kings County (Pesce, 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 it 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 (CPL 470.15). While the trial court should not have departed from the statutory language in delivering a "no inference" charge (see, People v McLucas, 15 N.Y.2d 167, 171; People v Morris, 129 A.D.2d 591), the charge delivered in this case was "not so extensive as to draw the jury's attention to the issue" (People v Baker, 153 A.D.2d 865; see also, People v Brown, 150 A.D.2d 472, 473; People v Davidson, 150 A.D.2d 717).
We have examined the defendant's remaining contentions and find them to be without merit (see also, People v White, 158 A.D.2d 565 [decided herewith]). Mollen, P.J., Bracken, Brown and Rosenblatt, JJ., concur.