Opinion
1997-02944
Argued February 28, 2003.
July 14, 2003.
Appeal by the defendant from a judgment of the County Court, Dutchess County (Marlow, J.), rendered March 24, 1997, convicting him of murder in the second degree (two counts), upon a jury verdict, and imposing sentence.
David Goodman, Poughkeepsie, N.Y. (David Steinberg of counsel), for appellant.
William V. Grady, District Attorney, Poughkeepsie, N.Y. (Bridget Rahilly Steller and Edward McLoughlin of counsel), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., SANDRA L. TOWNES, STEPHEN G. CRANE, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt of murder in the second degree is unpreserved for appellate review ( see CPL 470.05; People v. Udzinski, 146 A.D.2d 245). In any event, 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.
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.
KRAUSMAN, J.P., TOWNES, CRANE and MASTRO, JJ., concur.