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People v. Turner

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 2003
2 A.D.3d 468 (N.Y. App. Div. 2003)

Opinion

2001-09004.

December 1, 2003.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered September 17, 2001, convicting him of criminal possession of a weapon in the second degree, criminal possession of a weapon in the fourth degree, and reckless endangerment in the second degree, upon a jury verdict, and imposing sentence.

Lynn W.L. Fahey, New York, N.Y. (William Kastin of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Elaine E. Oh of counsel), for respondent.

Before: GLORIA GOLDSTEIN, HOWARD MILLER, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant failed to preserve for appellate review his argument that the verdict was not supported by legally sufficient evidence ( see CPL 470.05). 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. 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 remaining contention is without merit.

RITTER, J.P., SMITH, GOLDSTEIN and H. MILLER, JJ., concur.


Summaries of

People v. Turner

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 2003
2 A.D.3d 468 (N.Y. App. Div. 2003)
Case details for

People v. Turner

Case Details

Full title:THE PEOPLE, ETC., Respondent, v. MICHAEL TURNER, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 1, 2003

Citations

2 A.D.3d 468 (N.Y. App. Div. 2003)
767 N.Y.S.2d 848