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22 A.D.3d 862

People v. Burke

Appellate Division of the Supreme Court of the State of New York · decided 2005-10-31

Decided 2005-10-31

¶1Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.), rendered May 7, 2003, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

¶2Ordered that the judgment is affirmed.

¶3Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it *863was 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 defendant’s remaining contentions are either unpreserved for appellate review or without merit. H. Miller, J.P., Adams, Spolzino and Fisher, JJ., concur.

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