Appellate Division of the Supreme Court of New York, 2002

People v. Mahabir

People v. Mahabir
Appellate Division of the Supreme Court of New York · Decided May 6, 2002
294 A.D.2d 377; 741 N.Y.S.2d 707
People v. Mahabir

Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered February 16, 2001, convicting him of sexual abuse in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to support the conviction is unpreserved for appel*378late review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10). 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]).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Florio, J.P., Smith, Luciano and H. Miller, JJ., concur.

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