PEOPLE v. STEWART

Ordered that the judgment is affirmed.

The defendant's posttrial motion to dismiss on the ground that the People failed to prove a prima facie case was not sufficiently specific to preserve for appellate review his claim with respect to the issue of identity ( see CPL 470.05; 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).

The defendant's contention that the trial court should have given a circumstantial evidence charge is not preserved for appellate review ( see CPL 470.05; People v. Kitchens, 268 AD2d 444) and, in any event, is without merit.