Opinion
April 5, 1999
Appeal from the Supreme Court, Queens County (Thomas, J.).
Ordered that the judgment is affirmed.
The defendant did not preserve for appellate review his contention that the People failed to prove his identity as the perpetrator by legally sufficient evidence, as he did not raise this issue on his motion for a trial order of dismissal (see, CPL 470.05; People v. Gordon, 246 A.D.2d 555; People v. White, 192 A.D.2d 736). 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).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.
O'Brien, J. P., Friedmann, Florio and McGinity, JJ., concur.