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THE PEOPLE, ETC., respondent, v. JAVIEN D. MAZYCK, appellant. LAURA R. JOHNSON, NEW YORK, N.Y. (BETSY HUTCHINGS of counsel), for appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt ( see People v. Williams, 84 N.Y.2d 925; People v. Hawkins-Rusch, 212 A.D.2d 961). 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).

Since the evidence of the defendant's guilt was not entirely circumstantial ( see People v. Guidice, 83 N.Y.2d 630, 636; People v. Rumble, 45 N.Y.2d 879), the trial court properly refused to give a circumstantial evidence charge ( see People v. Guidice, supra at 636; People v. Daddona, 81 N.Y.2d 990, 992).

Contrary to the defendant's contention, the prosecutor did not advocate a position that she knew to be false ( cf. People v. Pelchat, 62 N.Y.2d 97). Moreover, the defendant's contention that the prosecutor breached her duty to correct testimony that she knew to be mistaken or false ( see People v. Steadman, 82 N.Y.2d 1; People v. Savvides, 1 N.Y.2d 554, 556) is unpreserved for appellate review ( see CPL 470.05), and in any event, is without merit.

The defendant's remaining contentions either are unpreserved for appellate review ( see CPL 470.05), or without merit.

ALTMAN, J.P., KRAUSMAN, ADAMS and TOWNES, JJ., concur.

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PEOPLE v. MAZYCK
(Jan 26, 2004)