People v. McFarlane, 221 A.D.2d 375 (N.Y. App. Div. 2d Dep't 1995). · Go Syfert
People v. McFarlane, 221 A.D.2d 375 (N.Y. App. Div. 2d Dep't 1995). Cases Citing This Book View Copy Cite
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The People of the State of New York
v.
Valentine McFarlane
Appellate Division of the Supreme Court of the State of New York.
Nov 6, 1995.
Published opinion
221 A.D.2d 375
1995 N.Y. App. Div. LEXIS 11204
Published

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Owens, J.), rendered April 18, 1994, convicting him of murder in the second degree, assault 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.

[*376] The defendant’s contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt is unpreserved for appellate review (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245). 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 (CPL 470.15 [5]). Balletta, J. P., O’Brien, Copertino and Pizzuto, JJ., concur.