Opinion
No. 2004-04517.
October 7, 2008.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered April 20, 2004, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Steven Banks, New York, N.Y. (Frances A. Gallagher of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano and Merri Turk Lasky of counsel; Lorrie A. Zinno on the brief), for respondent.
Before: Spolzino, J.P., Florio, Miller and Leventhal, JJ.
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, 20). In any event, viewing the evidence in the light most favorable to the prosecution, and drawing all reasonable inferences in the prosecution's favor ( see People v Contes, 60 NY2d 620, 621), 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 ( see CPL 470.15), we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v Burbridge, 51 AD3d 813; People v Gittens, 34 AD3d 693).