Opinion
Argued April 16, 1999
June 1, 1999
Appeal by the defendant from a judgment of the County Court, Dutchess County (Dolan, J.), rendered May 8, 1998, convicting him of criminally negligent homicide, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing (Marlow, J.), of that branch of the defendant's omnibus motion which was to suppress his confession.
David Goodman, Poughkeepsie, N.Y. (David Steinberg of counsel), for appellant.
William V. Grady, District Attorney, Poughkeepsie, N Y (Kirsten A. Rappleyea of counsel), for respondent.
FRED T. SANTUCCI, J.P., DANIEL W. JOY, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the judgment is 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 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 sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are unpreserved for appellate review or without merit.