
    The People of the State of New York, Respondent, v James Smith, Appellant.
    [619 NYS2d 661]
   —Appeal by the defendant from a judgment of the Supreme Court, Kings County (Weston-Patterson, J.), rendered August 20, 1991, convicting him of murder in the second degree and robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620, 621), we find that it is legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. In addition, 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 [5]).

The defendant’s remaining contentions are either unpreserved for appellate review (see, CPL 470.05 [2]) or without merit. Miller, J. P., O’Brien, Joy and Krausman, JJ., concur.  