Opinion
December 30, 1991
Appeal from the Supreme Court, Kings County (Miller, J.).
Ordered that the judgment is modified, as a matter of discretion in the interest of justice, by reducing the sentence on the conviction of burglary in the first degree to an indeterminate term of 5 to 15 years imprisonment; as so modified, the judgment is affirmed.
The defendant's contention that the evidence adduced at trial was legally insufficient to establish his guilt of burglary in the first degree was unpreserved for appellate review (see, CPL 470.05; People v Bynum, 70 N.Y.2d 858). In any event, viewing the evidence adduced at trial in a light most favorable to the People (People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to support the conviction. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).
The defendant's sentence was excessive to the extent indicated.
The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05) or without merit. Kunzeman, J.P., Sullivan, Eiber and O'Brien, JJ., concur.