Opinion
2000-00804 2000-07792
Argued January 24, 2002.
February 25, 2002.
Appeals by the defendant from (1) a judgment of the Supreme Court, Kings County (Barbaro, J.), rendered January 11, 2000, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence, and (2) an amended judgment of the same court, rendered January 22, 2000, modifying the sentence imposed on the conviction of criminal possession of a weapon in the second degree.
Lynn W. L. Fahey, New York, N.Y. (Melissa S. Horlick of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Cynthia Kean of counsel), for respondent.
Before: GLORIA GOLDSTEIN, J.P., WILLIAM D. FRIEDMANN, LEO F. McGINITY, HOWARD MILLER, JJ.
ORDERED that the judgment and amended judgment are affirmed.
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 identity as the shooter 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.
GOLDSTEIN, J.P., FRIEDMANN, McGINITY and H. MILLER, JJ., concur.