People v. Encarnacion
Opinion of the Court
—Judgment unanimously affirmed. Memorandum: We reject the contention of defendant that the jury verdict finding him guilty of murder in the second degree (Penal Law § 125.25 [1]) and promoting prison contraband in the first degree (Penal Law § 205.25 [2]) is not supported by legally sufficient evidence and is against the weight of the evidence (see, People v Bleakley, 69 NY2d 490, 495). Defendant’s contention that reversal is mandated because of prosecutorial misconduct on summation is not preserved for our review (see, CPL 470.05 [2]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]).
The contentions of defendant raised in his pro se supplemental brief that the prosecutor knowingly introduced false
Case-law data current through December 31, 2025. Source: CourtListener bulk data.