People v. Kemp

266 A.D.2d 314, 698 N.Y.S.2d 519, 1999 N.Y. App. Div. LEXIS 11280

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kangs County (Bruno, J.), rendered May 30, 1997, convicting him of assault in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, 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), we find 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 remaining contentions are without merit. S. Miller, J. P., Sullivan, Krausman and H. Miller, JJ., concur.