Opinion
2003-01376.
March 7, 2006.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered February 3, 2003, convicting him of criminally negligent homicide and reckless driving, after a nonjury trial, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, and Joseph Huttler of counsel), for respondent.
Before: Schmidt, J.P., Santucci, Mastro and Lifson, JJ., concur.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt ( see People v. McDermott, 15 AD3d 595; People v. LaFantana, 277 AD2d 395; cf. People v. Mitchell, 213 AD2d 562, 563). 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).