Opinion
May 30, 2000
Appeal by the defendant from a judgment of the County Court, Suffolk County (Cacciabaudo, J.), rendered May 20, 1997, convicting him of attempted murder in the second degree and assault in the first degree (two counts), upon a jury verdict, and imposing sentence.
Before: O'Brien, J. P., McGinity, Luciano and Schmidt, JJ.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the People, we find that it was legally sufficient to support the defendant's conviction beyond a reasonable doubt ( see, People v. Contes, 60 N.Y.2d 620). Moreover, the verdict of guilt was not against the weight of the evidence ( see, CPL 470.15).
Since the defendant's guilt was proven beyond a reasonable doubt at trial, there can be no appellate review of the issue of whether a prima facie case had been presented to the Grand Jury ( see, CPL 210.30; People v. Taylor, 225 A.D.2d 640).
The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.