Appellate Division of the Supreme Court of New York, 2005

People v. Grant

People v. Grant
Appellate Division of the Supreme Court of New York · Decided April 25, 2005
17 A.D.3d 695; 792 N.Y.S.2d 921
People v. Grant

Cases that cite this one

3 later published cases cite this decision.

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 defen*696dant from a judgment of the Supreme Court, Westchester County (Molea, J.), rendered September 5, 2003, convicting him of murder in the second degree and criminal possession of a weapon in the third 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 support convictions of depraved indifference murder (see Penal Law § 125.25 [2]; People v Payne, 3 NY3d 266 [2004]) and criminal possession of a weapon in the third degree (see Penal Law § 265.02 [1]), is not preserved for appellate review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10, 19 [1995]; People v Gibbons, 15 AD3d 196 [2005]; People v Gutierrez, 15 AD3d 502 [2005]), and we decline to reach the issue in the exercise of our interest of justice jurisdiction (see CPL 470.15 [3] [c]; [6] [a]; People v Gutierrez, supra).

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]; People v Martin, 8 AD3d 883 [2004]).

The defendant’s remaining contentions either are unpreserved for appellate review or without merit. Schmidt, J.P., Krausman, Crane and Fisher, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.