Opinion
2002-06555.
Submitted October 28, 2003.
November 24, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J.), rendered July 2, 2002, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (John Gemmill of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diana Villanueva of counsel; Erin McCormack on the brief), for respondent.
Before: DAVID S. RITTER, J.P., NANCY E. SMITH, GLORIA GOLDSTEIN, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the People failed to disprove his alibi defense by [*2]legally sufficient evidence is unpreserved for appellate review ( see People v. Gray, 86 N.Y.2d 10) . In any event, this contention is without merit. 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 trial court properly selected two alternate jurors before selecting all 12 trial jurors, as the defendant, the defense counsel, and the prosecutor all consented to such procedure ( see People v. Blackmond, 212 A.D.2d 402).
RITTER, J.P., SMITH, GOLDSTEIN and H. MILLER, JJ., concur.