Opinion
April 27, 1998
Appeal from the Supreme Court, Kings County (Owens, J.).
Ordered that the judgment is affirmed.
The defendant's claims of legal insufficiency are only partially preserved for appellate review (see, CPL 470.05; People v. Bradley, 199 A.D.2d 327; cf., People v. Hall, 181 A.D.2d 791). 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 and disprove the defendant's agency defense beyond a reasonable doubt (see, People v. Alvarez, 235 A.D.2d 484). 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 sentence was neither harsh nor excessive (see, People v. Suitte, 90 A.D.2d 80).
Rosenblatt, J.P., Miller, Ritter and Sullivan, JJ., concur.