Opinion
06-08-2016
The PEOPLE, etc., respondent, v. Harrison WHITEHEAD, appellant.
Arleen Lewis, Blauvelt, N.Y., for appellant. Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.
Arleen Lewis, Blauvelt, N.Y., for appellant.
Thomas P. Zugibe, District Attorney, New City, N.Y. (Itamar J. Yeger of counsel), for respondent.
Opinion Appeal by the defendant from a judgment of the Supreme Court, Rockland County (Kelly, J.), rendered August 6, 2014, convicting him of gang assault in the second degree and assault in the third degree, upon a jury verdict, and imposing sentence. ORDERED that the judgment is affirmed.
The defendant's contention that the People failed to adduce legally sufficient evidence to prove his guilt beyond a reasonable doubt is unpreserved for appellate review (see People v. Hawkins, 11 N.Y.3d 484, 492, 872 N.Y.S.2d 395, 900 N.E.2d 946 ). In any event, viewing the evidence in the light most favorable to the People (see People v. Danielson, 9 N.Y.3d 342, 349, 849 N.Y.S.2d 480, 880 N.E.2d 1 ; People v. Contes, 60 N.Y.2d 620, 621, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see People v. Mead, 134 A.D.3d 960, 960, 22 N.Y.S.3d 492 ; People v. Lormil, 134 A.D.3d 958, 959, 22 N.Y.S.3d 494 ; People v. Carson, 126 A.D.3d 996, 996, 6 N.Y.S.3d 269 ; People v. Monserrate, 90 A.D.3d 785, 788, 934 N.Y.S.2d 485 ; People v. Williams, 14 A.D.3d 519, 519, 787 N.Y.S.2d 399, 400 ). 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 [5 ]; People v. Romero, 7 N.Y.3d 633, 640–641, 826 N.Y.S.2d 163, 859 N.E.2d 902 ; People v. Bleakley, 69 N.Y.2d 490, 495, 515 N.Y.S.2d 761, 508 N.E.2d 672 ).
MASTRO, J.P., SGROI, DUFFY and BRATHWAITE NELSON, JJ., concur.