People v. Stewart

250 A.D.2d 714, 672 N.Y.S.2d 770, 1998 N.Y. App. Div. LEXIS 5475

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kangs County (Feldman, J.), rendered March 29, 1995, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to support the conviction is unpreserved for appellate review (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10; 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 (see, CPL 470.15 [5]).

The defendant’s remaining contentions are either unpreserved for appellate review, without merit, or do not require reversal. Ritter, J. P., Goldstein, McGinity and Luciano, JJ., concur.