People v. Flynn

278 A.D.2d 428, 718 N.Y.S.2d 609, 2000 N.Y. App. Div. LEXIS 13255

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: December 18, 2000
• Status: Published

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (D’Emic, J.), rendered April 16, 1997, convicting him of murder in the second degree (two counts) 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’s contention that his guilt was not proven by legally sufficient evidence is unpreserved for appellate review (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245). 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. 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 defendant’s contention that he was entitled to a missing witness charge with respect to two detectives is unpreserved for appellate review (see, People v Gonzalez, 68 NY2d 424, 428). In any event, the defendant was not entitled to such a charge since, inter alia, he failed to rebut the People’s showing that both detectives were unavailable (see, People v Gonzalez, supra).

The defendant’s remaining contentions are either not properly before this Court, unpreserved for appellate review, or without merit. Santucci, J. P., Altman, Goldstein and McGinity, JJ., concur.