Majority
p. 620The People of the State of New York, Respondent, v Edwardo E. Millan, Appellant. [707 NYS2d 842]
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J.), rendered July 3, 1997, convicting him of burglary in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
p. 621
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 (CPL 470.15 [5]).
The sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80 ).
The defendant’s remaining contention is unpreserved for appellate review (see, CPL 470.05 [2]; People v Antonio, 255 AD2d 449 ), and in any event, is without merit. Bracken, J. P., Ritter, Krausman and Smith, JJ., concur.
Cases cited
- People v. Contes 60 NY2d 620 p. 621
- People v. Suitte 90 AD2d 80 p. 621