Opinion
November 24, 1997
Appeal from the Supreme Court, Kings County (Egitto, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was insufficient to establish his identity as the shooter is unpreserved for appellate review ( see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245). 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 identity as the shooter 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 (CPL 470.15).
Furthermore, there is no merit to the defendant's contention that his statements were involuntary. It is undisputed that the defendant was not threatened, abused, or otherwise mistreated by the police ( see, People v. Croney, 121 A.D.2d 558, 559). There is no evidence that the defendant requested an attorney at any time, that he was deprived of food or drink, or that he was subjected to persistent and overbearing interrogation or deception so fundamentally unfair as to deny due process ( see, People v. Padilla, 133 A.D.2d 353, 354). Additionally, the hearing court found that the defendant had twice been advised of his Miranda rights and had voluntarily waived them prior to making both his oral and videotaped statements ( see, People v. Padilla, supra; People v. Croney, supra).
The defendant's remaining contentions are without merit.
Rosenblatt, J. P., Ritter, McGinity and Luciano, JJ., concur.