Appellate Division of the Supreme Court of New York, 1993

People v. Salas

People v. Salas
Appellate Division of the Supreme Court of New York · Decided April 12, 1993
192 A.D.2d 627; 596 N.Y.S.2d 734; 1993 N.Y. App. Div. LEXIS 3608
People v. Salas

Opinion of the Court

—Appeal by the defendant from a judgment of the County Court, Westchester County (Lange, J.), rendered July 8, 1991, convicting him of assault in the third degree and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s general motion for a trial order of dismissal was insufficient to preserve for appellate review his challenge to the sufficiency of the evidence of assault in the third degree (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245), and we decline to reach the issue in the interest of justice. As to the conviction of endangering the welfare of a child, 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 was not against the weight of the evidence (CPL 470.15 [5]).

We find no basis to disturb the sentence imposed (see, People v Suitte, 90 AD2d 80). Thompson, J. P., Rosenblatt, Pizzuto and Santucci, JJ., concur.

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