Appellate Division of the Supreme Court of New York, 2000

People v. Cherry

Appellate Division of the Supreme Court of New York · Decided September 25, 2000

275 A.D.2d 796; 714 N.Y.S.2d 221; 2000 N.Y. App. Div. LEXIS 9380

Cases that cite this one

2 later published cases cite this decision.

Carr v. Fischer (District Court, E.D. New York 2003)
People v. Carr (Appellate Division of the Supreme Court of New York 2000)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered November 20, 1997, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to disprove his defense of justification is unpre*797served for appellate review (see, CPL 470.05 [2]; People v Bynum, 70 NY2d 858; People v Wright, 236 AD2d 567, 568). 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]).

The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contention is unpreserved for appellate review and is, in any event, without merit. Santucci, J. P., S. Miller, McGinity and Smith, JJ., concur.

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