Opinion
January 30, 1995
Appeal from the County Court, Nassau County (Belfi, J.).
Ordered that the judgment is affirmed.
The issue of legal sufficiency was not preserved for appellate review with respect to the charge of criminal possession of a weapon in the third degree under Penal Law § 265.02 (1) (see, CPL 470.05). 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 (CPL 470.15).
Contrary to the defendant's contention, the prosecutor's summation remarks constituted a fair response to defense counsel's summation (see, People v. Rawlings, 144 A.D.2d 500). Thompson, J.P., Copertino, Pizzuto and Goldstein, JJ., concur.