People v. McKenzie

298 A.D.2d 409, 751 N.Y.S.2d 384, 2002 N.Y. App. Div. LEXIS 9447

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: October 7, 2002
• Status: Published

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered March 27, 2000, convicting him of assault in the first 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 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 defendant’s contention that his adjudication as a persistent violent felony offender violated his right to a jury trial is unpreserved for appellate review and, in any event, is without merit (see People v Rosen, 96 NY2d 329, 335, cert denied 534 US 899).

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

The defendant’s remaining contentions are without merit. Ritter, J.P., Santucci, Goldstein and Mastro, JJ., concur.