Appellate Division of the Supreme Court of New York, 1994

People v. Smith

People v. Smith
Appellate Division of the Supreme Court of New York · Decided November 21, 1994
209 A.D.2d 651; 619 N.Y.S.2d 661
People v. Smith

Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County *652(Weston-Patterson, J.), rendered August 20, 1991, convicting him of murder in the second degree and robbery in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620, 621), we find that it is legally sufficient to establish the defendant’s guilt beyond a reasonable doubt. In addition, upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s remaining contentions are either unpreserved for appellate review (see, CPL 470.05 [2]) or without merit. Miller, J. P., O’Brien, Joy and Krausman, JJ., concur.

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