PEOPLE v. MACARO

Ordered that the judgment is affirmed.

Viewing the evidence in a 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 on the charge of criminally negligent homicide beyond a reasonable doubt (see, People v. Rossey, 89 N.Y.2d 970). Further, upon the exercise of our factual review power, we are satisfied that the verdict of guilt on that charge was not against the weight of the evidence (see, CPL 470.15).

The sentence imposed was neither illegal nor excessive (see, Penal Law § 70.25; People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review, without merit, or do not warrant reversal of his conviction.

S. Miller, J. P., O'Brien, Ritter and Santucci, JJ., concur.