| People v Reyes |
| 2007 NY Slip Op 09250 [45 AD3d 785] |
| November 20, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Ricardo Reyes, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y.Brodt, and Joan J. Tarbutton of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.),rendered May 9, 2005, convicting him of burglary in the second degree and criminal possessionof stolen property in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's challenge to the legal sufficiency of the evidence is unpreserved for appellatereview (see CPL 470.05 [2]; People v Gray, 86 NY2d 10, 19-21 [1995]; People v Ayala, 15 AD3d 496[2005]; People v Montalbo, 254 AD2d 504, 505 [1998]). In any event, viewing theevidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d620 [1983]), we find that it was legally sufficient to establish the defendant's guilt beyond areasonable doubt. Moreover, upon the exercise of our factual review power (see CPL470.15 [5]), we are satisfied that the verdict of guilt was not against the weight of the evidence(see People v Romero, 7 NY3d633 [2006]).
The defendant's contention that the evidence of his guilt was wholly circumstantial and thatthe trial court erred in failing to give a special circumstantial evidence charge is unpreserved forappellate review, as the defendant did not request a circumstantial evidence charge or object tothe charge as given (see CPL 470.05 [2]). Ritter, J.P., Goldstein, Skelos and Dillon, JJ.,concur.