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People v. Grant

Appellate Division of the Supreme Court of New York, Second Department
Apr 25, 2005
17 A.D.3d 695 (N.Y. App. Div. 2005)

Opinion

2003-09318.

April 25, 2005.

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered September 5, 2003, convicting him of murder in the second degree and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Brendan O'Meara, Yonkers, N.Y., for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Lois Cullen Valerio and Richard Longworth Hecht of counsel), for respondent.

Before: Schmidt, J.P., Krausman, Crane and Fisher, JJ., concur.


Ordered that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to support convictions of depraved indifference murder ( see Penal Law § 125.25; People v. Payne, 3 NY3d 266) and criminal possession of a weapon in the third degree ( see Penal Law § 265.02), is not preserved for appellate review ( see CPL 470.05; People v. Gray, 86 NY2d 10, 19; People v. Gibbons, 15 AD3d 196; People v. Gutierrez, 15 AD3d 502), and we decline to reach the issue in the exercise of our interest of justice jurisdiction ( see CPL 470.15 [c]; [6] [a]; People v. Gutierrez, supra).

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; People v. Martin, 8 AD3d 883).

The defendant's remaining contentions either are unpreserved for appellate review or without merit.


Summaries of

People v. Grant

Appellate Division of the Supreme Court of New York, Second Department
Apr 25, 2005
17 A.D.3d 695 (N.Y. App. Div. 2005)
Case details for

People v. Grant

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SHAWN GRANT, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 25, 2005

Citations

17 A.D.3d 695 (N.Y. App. Div. 2005)
792 N.Y.S.2d 921

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