Opinion
April 21, 1997
Appeal by the defendant from a judgment of the County Court, Nassau County (Palmieri, J.), rendered April 24, 1995, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.
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 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).
The defendant's contentions with regard to a tape recording made of a phone call to the 911 police emergency phone number are for the most part unpreserved for appellate review. As to the preserved contentions, the recording was admissible as a present sense impression since it reflects "spontaneous descriptions of events made substantially contemporaneously with the observations" (People v. Brown, 80 N.Y.2d 729, 734).
The defendant's sentence was not excessive (see, People v Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are either unpreserved for appellate review or without merit. Pizzuto, J.P., Santucci, Joy and Florio, JJ., concur.