Public-domain · open source
OpenJurist

2 A.D.3d 536

People v. Guzman

Appellate Division of the Supreme Court of the State of New York · decided 2003-12-08

Decided 2003-12-08

¶1—Appeal by the defendant from a judgment of the County *537Court, Suffolk County (Weber, J.), rendered November 4, 1999, convicting him of murder in the second degree and assault in the first degree, upon a jury verdict, and imposing sentence.

¶2Ordered that the judgment is affirmed.

¶3The defendant’s contention that the evidence was legally insufficient to establish his guilt is unpreserved for appellate review (see CPL 470.05 [2]; People v Udzinski, 146 AD2d 245 [1989]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), 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 [5]).

¶4The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

¶5The defendant’s remaining contentions are without merit. McGinity, J.P., Luciano, Schmidt and Rivera, JJ., concur.

/2/ad3d/536 · .json · Public domain