Appellate Division of the Supreme Court of New York, Second DepartmentFeb 8, 1999
258 A.D.2d 539 (N.Y. App. Div. 1999)
258 A.D.2d 539683 N.Y.S.2d 856

February 8, 1999

Appeal from the Supreme Court, Queens County (Rotker, J.).

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. 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 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 Crim. Proc. [5]).

The defendant's remaining contentions are without merit.

Altman, J. P., Friedmann, Krausman and Luciano, JJ., concur.