Opinion
June 30, 1997
Appeal from the Supreme Court, Kings County (Egitto, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the evidence adduced by the People was legally insufficient to establish his identity as the perpetrator of these crimes is unpreserved for appellate review ( see, People v. Bynum, 70 N.Y.2d 858; 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 was not against the weight of the evidence ( see, CPL 470.15).
Notwithstanding the defendant's claim to the contrary and his reliance on what he deems to have been a crucial omission by his defense counsel, the record demonstrates that the defendant was afforded meaningful representation ( see, People v Rivera, 71 N.Y.2d 705, 708-709; People v. Baldi, 54 N.Y.2d 137, 147). In so holding, we observe that the Constitution does not guarantee a defendant a perfect trial; rather it assures him a fair trial ( see, People v. Flores, 84 N.Y.2d 184, 187).
The defendant's remaining contentions are without merit.
Thompson, J.P., Joy, Altman and Florio, JJ., concur.