Opinion
September 29, 1997
Appeal from County Court, Dutchess County (King, J.).
Ordered that the judgment is affirmed.
As the defendant correctly concedes on appeal, the issue of legal sufficiency is unpreserved for appellate review ( see, CPL 470.05; People v. Cannon, 224 A.D.2d 439). In any event, viewing the circumstantial evidence in the light most favorable to the People ( see, People v. Williams, 84 N.Y.2d 925; People v. Hubbert, 212 A.D.2d 633), we find that it was legally sufficient to establish beyond a reasonable doubt the defendant's guilt of murder in the second degree and burglary in the first degree ( see, Penal Law § 125.25, [3]; § 140.30 [2]). A valid line of reasoning and permissible inferences could lead a rational person to the conclusion reached by the jury on the basis of the evidence at trial ( see, People v. Ruiz, 211 A.D.2d 829; People v Lavayen, 195 A.D.2d 609; People v. Loliscio, 187 A.D.2d 172; People v Mitchell, 176 A.D.2d 897; People v. Gates, 170 A.D.2d 971; see also, People v. Mackey, 49 N.Y.2d 274; People v. Fleming, 164 A.D.2d 942). 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 without merit.
Miller, J.P., Ritter, Santucci and Florio, JJ., concur.