Opinion
March 9, 1998
Appeal from the Supreme Court, Richmond County (Leone, J.).
Ordered that the judgment is affirmed.
The issue of the legal sufficiency of the evidence has not been preserved for appellate review ( see, CPL 470.05; People v. Gray, 86 N.Y.2d 10, 20-21). 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).
Bracken, J. P., Rosenblatt, Krausman and Goldstein, JJ., concur.