Opinion
2003-03090
October 4, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.) rendered March 31, 2003, convicting him of criminal possession of a weapon in the third degree and unlawful possession of marijuana, upon a jury verdict, and imposing sentence.
Before: Altman, J.P., Florio, Mastro and Fisher, JJ., concur.
Ordered that the judgment is affirmed.
The defendant's contention that the People failed to prove his guilt of criminal possession of a weapon in the third degree beyond a reasonable doubt is unpreserved for appellate review ( see CPL 470.05; People v. Gray, 86 NY2d 10; People v. Padro, 75 NY2d 820). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 NY2d 620; People v. Florival, 262 AD2d 499), we find that the evidence was legally sufficient to prove beyond a reasonable doubt that the defendant possessed a loaded firearm ( see People v. Walker, 215 AD2d 607; People v. Miller, 196 AD2d 834). 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).