The People of the State of New York, Respondent, v. Valentine McFarlane, Appellant

The People of the State of New York, Respondent, v Valentine McFarlane, Appellant. [633 NYS24 1007] [MAJORITY] —Appeal by the defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered April 18, 1994, convicting him of murder in the second degree, assault in the second degree, and criminal possession of a weapon in the second 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 establish his guilt beyond a reasonable doubt is unpreserved for appellate review (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245). 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 (CPL 470.15 [5]). Balletta, J. P., O’Brien, Copertino and Pizzuto, JJ., concur.