Opinion
2000-00330
Argued December 12, 2002.
January 13, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered December 23, 1999, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of those branches of the defendant's omnibus motion which were to suppress his statements to law enforcement authorities and identification testimony.
Lynn W. L. Fahey, New York, N.Y. (Rachel Altstein of counsel), for appellant, and appellant pro se.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Florence M. Sullivan of counsel), for respondent.
Before: NANCY E. SMITH, J.P., GLORIA GOLDSTEIN, WILLIAM D. FRIEDMANN, LEO F. McGINITY, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
We agree with the hearing court that the police officers' warrantless entry into the defendant's home was made with the consent of the defendant's grandfather, who owned the premises (see People v. Nelson, 292 A.D.2d 397; People v. Gonzalez, 222 A.D.2d 453; see also People v. Brown, 234 A.D.2d 211, affd 91 N.Y.2d 854).
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 contentions, contained in his supplemental pro se brief, are without merit.
SMITH, J.P., GOLDSTEIN, FRIEDMANN and McGINITY, JJ., concur.