Opinion
Submitted September 22, 2000
October 24, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Vaughan, J.), rendered April 29, 1997, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Salvatore C. Adamo, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Ann Bordley, and Morgan J. Dennehy of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM D. FRIEDMANN, GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT, 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).
Contrary to the defendant's contention, the court did not err in admitting into evidence a photocopy of his written statement to law enforcement officials. The People sufficiently established that the original written statement was missing, that a diligent search was made to recover the lost spiral notebook containing the statement, and that the copy was a duplicate of the original (see, Schozer v. William Penn Life Ins. Co. of New York, 84 N.Y.2d 639; People v. Sims, 257 A.D.2d 582).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.