People v. Bush — 225 A.D.2d 705

Majority

p. 705

The People of the State of New York, Respondent, v Anthony Bush, Appellant.

[639 NYS2d 743]

The defendant’s challenges to the legal sufficiency of the evidence are unpreserved for appellate review (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245 ). 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. 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 [5]).

Further, the defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80 ).

The defendant’s remaining contentions are either unpreserved for appellate review (see, CPL 470.05 [2]) or without merit. Rosenblatt, J. P., Miller, Ritter and Sullivan, JJ., concur.

Cases cited

People v. Udzinski 146 AD2d 245 N.Y. App. Div. 1989-04-17 p. 705
People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 705
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 705