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. 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 court did not improvidently exercise its discretion in denying the defendant's motion to set aside the verdict. Defense counsel failed to include affidavits in compliance with CPL 330.40 (2) that are required to support a motion under subdivisions (2) and (3) of CPL 330.30 ( see also, People v Lopez, 104 A.D.2d 904).
The defendant's remaining contentions are without merit. Balletta, J.P., Santucci, Krausman and Florio, JJ., concur.