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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENNIS DOWLING, Appellant.

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 because he did not move for a trial order of dismissal ( see CPL 290.10, 470.05; People v. Bailey, 19 AD3d 431; People v. Medaro, 277 AD2d 252, 253; People v. Gonzalez, 183 AD2d 725, 726). 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 burglary in the second degree 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; People v. Nylander, 21 AD3d 500).

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

The defendant's claim regarding the prosecutor's summation is unpreserved for appellate review ( see People v. Anderson, 24 AD3d 460). The defendant's remaining contentions are either without merit or do not require reversal.

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PEOPLE v. DOWLING
(Apr 25, 2006)