People v. York

292 A.D.2d 551, 739 N.Y.S.2d 281, 2002 N.Y. App. Div. LEXIS 2969

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Knipel, J.), rendered June 30, 1999, convicting him of manslaughter in the first degree and criminal possession of a weapon in the third degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt is unpreserved for appellate review (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10, 20-21; People v Santos, 86 NY2d 869, 870). 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]). Ritter, J.P., O’Brien, Crane and Cozier, JJ., concur.