People v. Warmus
Opinion of the Court
Appeal by the defendant from a judgment of the County Court, Westchester County (Carey, J.), rendered June 26, 1992, convicting her of murder in the second 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 failed to preserve for appellate review her contention that the evidence was not legally sufficient to establish her guilt beyond a reasonable doubt (see CPL 470.05 [2]; People v Gray, 86 NY2d 10 [1995]; People v Udzinski, 146 AD2d 245 [1989]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]; see also People v Grassi, 92 NY2d 695, 697 [1999]; People v Norman, 85 NY2d 609, 620-621 [1995]; People v Cabey, 85 NY2d 417, 421 [1995]; People v Williams, 84 NY2d 925, 926 [1994]), 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]).
Contrary to the defendant’s contention, the court properly admitted the glove into evidence.
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
The defendant’s contentions, contained in her pro se brief, that testimony as to the defendant’s August 1989 trip to Puerto Rico was improperly admitted into evidence, that the court improperly excluded evidence of her polygraph test, that the trial publicity deprived her of a fair trial, and that the jury improperly reached its verdict before the completion of requested read-backs of testimony are unpreserved for appellate review (see CPL 470.05 [2]; People v Reyes, 4 AD3d 541 [2004];
The defendant’s contentions, contained in her pro se brief, that the court improperly admitted the defendant’s audiotaped statement into evidence and allowed the jurors to utilize a transcript of the statement while listening to the tape, that the court erred in allowing the People to withdraw their motion to dismiss the count charging her with criminal possession of a weapon in the second degree, that the defendant’s conviction was improper because it is based on an “inference on an inference,” that the court improperly denied both of the defendant’s mistrial motions, that the court improperly excluded evidence of a telephone call placed from Parco’s office to a telephone number in Plain view, New Jersey, on the day of the murder, that the court erroneously excluded evidence of Parco’s bankruptcy and employment files, and that the defendant was impermissibly prejudiced by the court’s exclusion of certain extrinsic evidence regarding Parco, are without merit.
The defendant’s remaining contentions contained in her pro se brief cannot be reviewed on this appeal as they are based on matter dehors the record (see Merkle v Merkle, 91 NY2d 884 [1998]; People v Bell, 287 AD2d 460 [2001]; People v McKithen, 221 AD2d 476, 477 [1995]; People v Drummond, 104 AD2d 825, 826 [1984]). Florio, J.P., Adams, Luciano and Fisher, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.