Opinion
KA 01-00556.
November 21, 2003.
Appeal from a judgment of Genesee County Court (Noonan, J.), entered January 22, 2001, upon a jury verdict convicting defendant of murder in the second degree.
Gary A. Horton, Public Defender, Batavia (Bridget L. Field of Counsel), for Defendant-Appellant.
Lawrence Friedman, District Attorney, Batavia (David E. Gann of Counsel), for Plaintiff-Respondent.
Before: Present: Green, J.P., Wisner, Scudder, Gorski, and Lawton, JJ.
MEMORANDUM AND ORDER
It is hereby Ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.
Memorandum: The evidence, viewed in the light most favorable to the People ( see People v. Contes, 60 N.Y.2d 620, 621), is legally sufficient to support defendant's conviction of murder in the second degree (Penal Law § 125.25). The verdict is not against the weight of the evidence ( see generally People v. Bleakley, 69 N.Y.2d 490, 495), nor is the sentence unduly harsh or severe.