People v. McFarlane

Appellate Division of the Supreme Court of New York

People v. McFarlane

221 A.D.2d 375, 633 N.Y.S.2d 1007, 1995 N.Y. App. Div. LEXIS 11204

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 6, 1995

StatusPublished

This text of 221 A.D.2d 375 (People v. McFarlane) 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.

Bluebook

People v. McFarlane, 221 A.D.2d 375, 633 N.Y.S.2d 1007, 1995 N.Y. App. Div. LEXIS 11204 (N.Y. Ct. App. 1995).

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Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered April 18, 1994, convicting him of murder in the second degree, 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.

[376]*376The defendant’s contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt 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 (CPL 470.15 [5]). Balletta, J. P., O’Brien, Copertino and Pizzuto, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered April 18, 1994, convicting him of murder in the second degree, 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.

[376]*376The defendant’s contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt 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 (CPL 470.15 [5]). Balletta, J. P., O’Brien, Copertino and Pizzuto, JJ., concur.

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Bluebook (online)

221 A.D.2d 375, 633 N.Y.S.2d 1007, 1995 N.Y. App. Div. LEXIS 11204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mcfarlane-nyappdiv-1995.

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