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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES SALAS, Appellant.

Ordered that the judgment is affirmed.

The defendant's general motion for a trial order of dismissal was insufficient to preserve for appellate review his challenge to the sufficiency of the evidence of assault in the third degree (see, CPL 470.05; People v Udzinski, 146 A.D.2d 245), and we decline to reach the issue in the interest of justice. As to the conviction of endangering the welfare of a child, 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 was not against the weight of the evidence (CPL 470.15).

We find no basis to disturb the sentence imposed (see, People v Suitte, 90 A.D.2d 80). Thompson, J.P., Rosenblatt, Pizzuto and Santucci, JJ., concur.

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PEOPLE v. SALAS
(Apr 12, 1993)