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THE PEOPLE, ETC., Respondent, v. AKEIM SMYTHE, Appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish his guilt is unpreserved for appellate review ( see CPL 470.05; People v. Bynum, 70 N.Y.2d 858; People v. Fryar, 276 A.D.2d 641). In any event, 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. 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 remaining contentions, including those raised in his supplemental pro se brief, either are unpreserved for appellate review or without merit.

ALTMAN, J.P., FLORIO, LUCIANO and RIVERA, JJ., concur.

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PEOPLE v. SMYTHE
(Nov 1, 2003)