People v. Karris

133 A.D.3d 780, 19 N.Y.S.3d 190

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 18, 2015
• Docket: 2013-00504
• Status: Published

Opinion

Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered December 14, 2012, convicting him of assault in the second degree as a hate crime, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to support the defendant’s conviction of assault in the second degree as a hate crime. Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Danielson, 9 NY3d 342, 348 [2007]; People v Romero, 7 NY3d 633 [2006]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant’s remaining contentions, raised in his pro se supplemental brief, are unpreserved for appellate review and, in any event, without merit. Hall, J.P., Sgroi, Cohen and Maltese, JJ., concur.