THE PEOPLE OF v. SHAWN GRANT

Ordered that the judgment is affirmed.

The defendant's challenge to the legal sufficiency of the evidence on his conviction of criminal possession of a weapon in the second degree is unpreserved for appellate review ( see CPL 470.05; People v Gray, 86 NY2d 10, 19; People v Carranza, 306 AD2d 351, 352, aff'd 3 NY3d 729; People v Rodriguez, 200 AD2d 775; People v Udzinski, 146 AD2d 245, 250). 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 of criminal possession of a weapon in the second degree beyond a reasonable doubt. The People presented the requisite evidence establishing that the defendant possessed a loaded operable weapon with the intent to use it unlawfully against another ( see People v Hunter, 46 AD3d 1417; People v Pricher, 221 AD2d 378). Moreover, upon the exercise of our factual review power ( see CPL 470.15), we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v Romero, 7 NY3d 633).

The defendant's contention that a detective's testimony that the victim named the defendant as the shooter was inadmissible as an excited utterance was waived when the defense elicited the same testimony on cross-examination ( see People v Holmes, 47 AD3d 946; People v Blackman, 13 AD3d 640).

The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80, 83).

The defendant's remaining contentions are unpreserved for appellate review and, in any event, are without merit.