Opinion
2002-04270.
Decided April 26, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Reichbach, J.), rendered April 18, 2002, as amended April 25, 2002, convicting him of manslaughter in the first degree, criminal possession of a weapon in the second degree, and reckless endangerment in the first degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee, and Brooke Derian of counsel), for respondent.
Before: ANITA R. FLORIO, J.P., NANCY E. SMITH, STEPHEN G. CRANE, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment, as amended, is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt is unpreserved for appellate review ( see CPL 470.05; People v. Williams, 247 A.D.2d 416, 417). 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 ( see People v. Williams, 84 N.Y.2d 925, 926; People v. Leach, 293 A.D.2d 760). 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).
FLORIO, J.P., SMITH, CRANE and RIVERA, JJ., concur.