People v. McPherson

14 A.D.3d 718, 789 N.Y.S.2d 245

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: January 31, 2005
• Status: Published

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (D’Emic, J.), rendered June 26, 2001, convicting her of murder in the second degree and criminal possession of a weapon in the fourth degree, after a nonjury trial, 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 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see People v Roe, 74 NY2d 20, 25 [1989]; People v Smith, 255 AD2d 404 [1998]; People v Rosil, 240 AD2d 439 [1997]). 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 she did not knowingly, voluntarily, and intelligently waive her right to a jury trial is unpreserved for appellate review (see CPL 470.05 [2]; People v Brunson, 307 AD2d 323 [2003]), and, in any event, is without .merit (see People v Buckley, 299 AD2d 417 [2002]; People v Livingston, 184 AD2d 529 [1992]). Cozier, J.P., Ritter, Luciano and Lifson, JJ., concur.