The People of the State of New York, Respondent, v. Rodney Mahabir, Appellant

The People of the State of New York, Respondent, v Rodney Mahabir, Appellant. [741 NYS2d 707] [MAJORITY] —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 appellate 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.