People v. Kinley
This text of 35 A.D.3d 506 (People v. Kinley) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered June 23, 2004, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant’s contention, the issue of whether the evidence was legally sufficient to support a finding that he committed a reckless murder rather than an intentional one is unpreserved for appellate review (see CPL 470.05; People v Payne, 3 NY3d 266 [2004]), and we decline to reach the issue in the exercise of our interest of justice jurisdiction (see CPL 470.15 [3] [c]; [6] [a]).
The defendant’s remaining contentions are without merit. Adams, J.E, Santucci, Lunn and Dillon, JJ., concur.
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Cite This Page — Counsel Stack
35 A.D.3d 506, 824 N.Y.S.2d 720, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kinley-nyappdiv-2006.