Opinion
June 22, 1998
Appeal from the County Court, Orange County (Berry, J.).
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review his claim that the evidence adduced at trial was legally insufficient to establish his guilt beyond a reasonable doubt ( see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245, 250). 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 sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80, 85-86).
Sullivan, J.P., Joy, Krausman and Florio, JJ., concur.