People v. Henry

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DWAYNE HENRY, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 22, 1998

251 A.D.2d 596 (N.Y. App. Div. 1998)

682 N.Y.S.2d 355

Opinion

June 22, 1998

Appeal from the Supreme Court, Queens County (Rios, J.).

Ordered that the judgment is affirmed.

The defendant's challenges to the legal sufficiency of the evidence are unpreserved for appellate review ( see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245). In any event, viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15). The defendant's remaining contentions are either unpreserved for appellate review or without merit.

Miller, J.P., Thompson, Joy and Florio, JJ., concur.