Appellate Division of the Supreme Court of New York, 2001

People v. Mirayes

People v. Mirayes
Appellate Division of the Supreme Court of New York · Decided June 4, 2001
284 A.D.2d 348; 725 N.Y.S.2d 880; 2001 N.Y. App. Div. LEXIS 5599
People v. Mirayes

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Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (F. Rivera, J.), rendered May 20, 1997, convicting him of manslaughter in the first degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenge to the legal sufficiency of the evidence is unpreserved for appellate review (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10; People v Williams, 187 AD2d 547). 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 sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contention is unpreserved for appellate review and, in any event, without merit. Krausman, J. P., Florio, Feuerstein and Cozier, JJ., concur.

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