Opinion
2001-05785
January 31, 2005.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.), rendered June 26, 2001, convicting her of murder in the second degree and criminal possession of a weapon in the fourth degree, after a nonjury trial, and imposing sentence.
Before: Cozier, J.P., Ritter, Luciano and Lifson, JJ., concur.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt ( see People v. Roe, 74 NY2d 20, 25; People v. Smith, 255 AD2d 404; People v. Rosil, 240 AD2d 439). 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 contention that she did not knowingly, voluntarily, and intelligently waive her right to a jury trial is unpreserved for appellate review ( see CPL 470.05; People v. Brunson, 307 AD2d 323), and, in any event, is without merit ( see People v. Buckley, 299 AD2d 417; People v. Livingston, 184 AD2d 529).