People v. Samuel

225 A.D.2d 565, 639 N.Y.2d 725, 639 N.Y.S.2d 725, 1996 N.Y. App. Div. LEXIS 1861

Opinion

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. Moreover, upon the exercise of 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 regarding the inadequacy of the court’s adverse inference charge, imposed as a sanction against the prosecution for the destruction of the dagger partially displayed by the defendant during the commission of the crimes (see, People v Kelly, 62 NY2d 516; People v Gibbs, 207 AD2d 288, affd 85 NY2d 899; People v Johnson, 220 AD2d 454), is unpreserved for appellate review (see, People v Williams, 196 AD2d 904) and, in any event, without merit (see, People v Martinez, 71 NY2d 937).

Finally, the sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80). Miller, J. P., Hart, Friedmann and Florio, JJ., concur.