Summary
holding that the "remaining contentions are without merit"
Summary of this case from Nedd v. BradtOpinion
2011-12-27
The PEOPLE, etc., respondent, v. Joyette NEDD, appellant.
Lynn W.L. Fahey, New York, N.Y., for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, and Adam M. Koelsch of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y., for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Victor Barall, and Adam M. Koelsch of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Parker, J.), rendered March 10, 2009, convicting him of attempted murder in the second degree, criminal possession of a weapon in the second degree, and criminal mischief in the fourth degree, upon a jury verdict, and imposing sentence.
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, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find the evidence was legally sufficient to establish the defendant's guilt of attempted murder in the second degree beyond a reasonable doubt ( see Penal Law § 15.05[1]; §§ 110.00, 125.25; People v. Mei Ying Wang, 33 A.D.3d 820, 821, 826 N.Y.S.2d 285). Moreover,*849 upon our independent review pursuant to CPL 470.15(5), we are satisfied that the verdict of guilt as to attempted murder in the second degree was not against the weight of the evidence ( see People v. Romero, 7 N.Y.3d 633, 826 N.Y.S.2d 163, 859 N.E.2d 902).
The defendant's remaining contentions are without merit.