People v. Autar

262 A.D.2d 652, 691 N.Y.S.2d 899

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: June 28, 1999
• Status: Published

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gorges, J.), rendered July 1, 1998, convicting him of conspiracy in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contentions that the evidence was legally insufficient to support his conviction is unpreserved for appellate review (see, CPL 470.05 [2]). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see, People v Berkowitz, 50 NY2d 333; People v Sanchez, 252 AD2d 508). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s claim of entrapment is without merit (see, Penal Law § 40.05; People v Brown, 82 NY2d 869, 871; People v Butts, 72 NY2d 746; People v Cole, 224 AD2d 540, 541).

Finally, the defendant’s sentence was neither harsh nor excessive (see, People v Delgado, 80 NY2d 780; People v Suitte, 90 AD2d 80). S. Miller, J. P., Santucci, Thompson and Smith, JJ., concur.