Ordered that the judgment and order are affirmed.
Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find it was legally sufficient to establish the defendant's guilt. 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).
With respect to the defendant's posttrial motion pursuant to CPL 440.10 (1) (h), the record discloses no improvident exercise of discretion on the part of the Supreme Court in denying his request for a hearing (see, People v. Friedgood, 58 N.Y.2d 467, 470). Furthermore, we find that the court properly denied the motion on the merits.
We have examined the defendant's remaining contentions, and find them to be without merit. Lawrence, J.P., Sullivan, Harwood and Balletta, JJ., concur.