People v. McKenzie

276 A.D.2d 499, 713 N.Y.S.2d 876, 2000 N.Y. App. Div. LEXIS 9834

Opinion

Appeal by the defendant from a judgment of the County Court, Westchester County (LaCava, J.), rendered June 30, 1998, convicting him of manslaughter in the first degree, assault in the second degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, and criminal use of a weapon in the first 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 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 sentence imposed was neither harsh nor excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are without merit. O’Brien, J. P., Thompson, Sullivan and Altman, JJ., concur.