Opinion
2001-05151
Argued April 28, 2003.
May 19, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Knipel, J.), rendered June 6, 2001, convicting him of murder in the second degree, upon a jury trial, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Yvonne Shivers of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., BARRY A. COZIER, WILLIAM F. MASTRO, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
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 defendant's remaining contention is unpreserved for appellate review and, in any event, is without merit.
ALTMAN, J.P., COZIER, MASTRO and RIVERA, JJ., concur.