Ordered that the judgment is affirmed.
The defendant's contentions concerning the sufficiency of the evidence for the conviction of burglary in the first degree are unpreserved for appellate review (see, CPL 470.05; People v. Gray, 86 N.Y.2d 10). 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 of burglary in the first degree beyond a reasonable doubt (cf., People v. Konikov, 160 A.D.2d 146). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).
Viewing the sentencing court's comments as a whole, it is clear that the sentence imposed was not based upon crimes of which the defendant was acquitted (see, People v. Hall, 46 N.Y.2d 873, cert denied 444 U.S. 848).
The defendant's remaining contentions are without merit or do not require reversal.
Bracken, J.P., Copertino, Pizzuto and Altman, JJ., concur.