Ordered that the judgment is affirmed.
The defendant contends that the People failed to prove his identity as the shooter beyond a reasonable doubt. We disagree. Initially, we note that any challenge to the legal sufficiency of the identification evidence is unpreserved for appellate review since the defendant's attorney did not move to dismiss the indictment on that ground at the close of the People's case (see, CPL 470.05 [2]; People v Gray,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.