People v. Broadnax

Appellate Division of the Supreme Court of New York

People v. Broadnax

224 A.D.2d 437, 638 N.Y.S.2d 326, 1996 N.Y. App. Div. LEXIS 829

Appellate Division of the Supreme Court of the State of New York·Decided February 5, 1996·Published·Cited by 1 cases

Opinion

—Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered August 12, 1992, convicting him of manslaughter in the first degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant and two accomplices (see, People v Hill, 224 AD2d 445 [decided herewith]) were convicted of shooting Terrence Abrahams to death after Abrahams attacked the defendant with a bat. Viewing the evidence in the light most favorable to the prosecution (see, People v Cotes, 60 NY2d 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 (CPL 470.15 [5]).

The defendant’s remaining contentions are unpreserved for appellate review, without merit, or do not require reversal. Balletta, J. P., O’Brien, Altman and Krausman, JJ., concur.

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—Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered August 12, 1992, convicting him of manslaughter in the first degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant and two accomplices (see, People v Hill, 224 AD2d 445 [decided herewith]) were convicted of shooting Terrence Abrahams to death after Abrahams attacked the defendant with a bat. Viewing the evidence in the light most favorable to the prosecution (see, People v Cotes, 60 NY2d 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 (CPL 470.15 [5]).

The defendant’s remaining contentions are unpreserved for appellate review, without merit, or do not require reversal. Balletta, J. P., O’Brien, Altman and Krausman, JJ., concur.

People v. Broadnax, 224 A.D.2d 437, 638 N.Y.S.2d 326, 1996 N.Y. App. Div. LEXIS 829 (N.Y. Ct. App. 1996).

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