People v. Whitehead

140 A.D.3d 904, 31 N.Y.S.3d 896

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Rockland County (Kelly, J.), rendered August 6, 2014, convicting him of gang assault in the second degree and assault in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the People failed to adduce legally sufficient evidence to prove his guilt beyond a reasonable doubt is unpreserved for appellate review (see People v Hawkins, 11 NY3d 484, 492 [2008]). In any event, viewing the evidence in the light most favorable to the People (see People v Danielson, 9 NY3d 342, 349 [2007]; People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see People v Mead, 134 AD3d 960, 960 [2015]; People v Lormil, 134 AD3d 958, 959 [2015]; People v Carson, 126 AD3d 996, 996 [2015]; People v Monserrate, 90 AD3d 785, 788 [2011]; People v Williams, 14 AD3d 519, 519 [2005]). 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]; People v Romero, 7 NY3d 633, 640-641 [2006]; People v Bleakley, 69 NY2d 490, 495 [1987]).

Mastro, J.P., Sgroi, Duffy and Brathwaite Nelson, JJ., concur.