Opinion
1999-06078
Submitted February 19, 2002.
March 18, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Knipel, J.), rendered June 30, 1999, convicting him of manslaughter in the first degree and criminal possession of a weapon in the third degree (two counts), upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Sonia Mikolic-Torreira of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Morgan J. Dennehy of counsel; Jeremy S. Crawford on the brief), for respondent.
Before: DAVID S. RITTER, J.P., CORNELIUS J. O'BRIEN, STEPHEN G. CRANE, BARRY A. COZIER, JJ.
ORDERED that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt is unpreserved for appellate review (see, CPL 470.05; People v. Gray, 86 N.Y.2d 10, 20-21; People v. Santos, 86 N.Y.2d 869, 870). 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).
RITTER, J.P., O'BRIEN, CRANE and COZIER, JJ., concur.