Opinion
2002-10809.
November 22, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Reichbach, J.), rendered November 15, 2002, convicting him of murder in the first degree and arson in the fourth degree, upon a jury verdict, and imposing sentence.
Before: Ritter, J.P., S. Miller, Goldstein and Mastro, JJ., concur.
Ordered that the judgment is affirmed.
The defendant's challenge to the legal sufficiency of the evidence is unpreserved for appellate review ( see CPL 470.05; People v. Gray, 86 NY2d 10). In any event, viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt ( see People v. Spells, 277 AD2d 476, 479). The People's evidence established that the defendant fatally stabbed Erica Alvarez inside her Brooklyn apartment, and then fatally stabbed her two young children. After the stabbings, the defendant started a fire in the bedroom where the bodies lay. Much of this evidence came via the testimony of a jailhouse informant. Contrary to the defendant's contentions, the informant's criminal record and history of drug use did not render his testimony incredible as a matter of law ( see People v. Pagan, 291 AD2d 509, 510). 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; People v. Bonner, 5 AD3d 500).
The defendant's remaining contentions are without merit.