People v Brown
2008 NY Slip Op 09813 [57 AD3d 691]
December 9, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, February 11, 2009


mThe People of the State of New York, Respondent,
v
Richard Brown, Appellant.

[*1] Lynn W. L. Fahey, New York, N.Y. (John Gemmill of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Rebecca Height of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lasak, J.), rendered February 16, 2006, convicting him of rape in the first degree, burglary in the first degree, and burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contentions that his convictions of rape in the first degree and burglary in the first degree were not supported by legally sufficient evidence are unpreserved for appellate review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10, 19 [1995]; People v Sadler, 49 AD3d 670 [2008]) and we decline to review them in the exercise of our interest of justice jurisdiction.

The defendant's remaining contentions either are without merit or cannot be determined on this record. Fisher, J.P., Angiolillo, Dickerson and Belen, JJ., concur.