PEOPLE v. BROWN

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 (see, People v Wharton, 74 N.Y.2d 921; People v Morales, 37 N.Y.2d 262, 271). Upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence (see, CPL 470.15).

The defendant's further contention is not preserved for appellate review (see, CPL 470.05), and in any event, it is without merit. Bracken, J.P., Kooper, Lawrence and Miller, JJ., concur.