People v. Coleman

225 A.D.2d 705, 639 N.Y.2d 939, 639 N.Y.S.2d 939, 1996 N.Y. App. Div. LEXIS 2593

Opinion

The defendant’s contention that the People failed to disprove his albi defense beyond a reasonable doubt is not preserved for appellate review (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245). In any event, the defendant’s contention is without merit. 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. 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]). The jury was not bound to accept the testimony of the defendant’s alibi witnesses (see, People v Vasquez, 160 AD2d 969, 970).

We have examined the defendant’s remaining contentions and find them to be without merit. Miller, J. P., Hart, Friedmann and Florio, JJ., concur.