Majority
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered September 19, 1996, convicting him of menacing in the second degree, upon a jury verdict, and imposing sentence.
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 [2]; People v Bynum, 70 NY2d 858 ). 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]).
We have considered the defendant’s remaining contention and find it to be without merit. Ritter, J. P., Thompson, Altman and McGinity, JJ., concur.
Cases cited
- People v. Bynum 70 NY2d 858 p. 425
- People v. Contes 60 NY2d 620 p. 425