People
v.
Smith

Not overruled or negatively treated on appealinfoCoverage
Appellate Division of the Supreme Court of New York, Second DepartmentMay 10, 1999
688 N.Y.S.2d 891 (N.Y. App. Div. 1999)
688 N.Y.S.2d 891261 A.D.2d 491

May 10, 1999

Appeal from the Supreme Court, Kings County (Dowling, J.).


Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see, People v. Contes, 60 N.Y.2d 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).

The defendant's sentence was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

S. Miller, J. P., Sullivan, Joy and Altman, JJ., concur.