The People of the State of New York, Respondent, v. Howard Knox, Appellant

The People of the State of New York, Respondent, v Howard Knox, Appellant. [696 NYS2d 886] [MAJORITY] —Appeal by the defendant from a judgment of the County Court, Westchester County (Lange, J.), rendered June 7, 1996, convicting him of manslaughter in the first degree and criminal use of a firearm in the first degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. The defendant’s challenge to the sufficiency of the evidence is unpreserved for appellate review (see, CPL 470.05 [2]; People v Bynum, 70 NY2d 858, 859). 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, contrary to the defendant’s contention, the sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80). The defendant’s remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review (see, CPL 470.05 [2]) or without merit. Mangano, P. J., O’Brien, Ritter and Schmidt, JJ., concur.