People v. Sims — 118 A.D.2d 742

Majority

p. 742

The People of the State of New York, Respondent, v Herbert Sims, Appellant.

— Appeal by the defendant from a judgment of the Supreme Court, Queens County (Chetta, J.), rendered February 26, 1980, convicting him of murder in the second degree and burglary in the first degree, upon a jury verdict, and imposing sentence.

Judgment affirmed.

The essential elements of felony murder were established by legally sufficient evidence (see, People v Contes, 60 NY2d 620 , 621). We have examined the defendant’s other contentions and find them to be without merit (see, People v Brown, 114 AD2d 855 ; People v Fitzpatrick, 40 NY2d 44 ; People v Malloy, 55 NY2d 296 , 300, cert denied 459 US 847 ). Gibbons, J. P., Bracken, Weinstein and Niehoff, JJ., concur.

Cases cited

People v. Contes 60 NY2d 620 N.Y. 1983-09-01 at 621 p. 742
People v. Fitzpatrick 40 NY2d 44 N.Y. 1976-06-10 p. 742
People v. Malloy 55 NY2d 296 N.Y. 1982-03-30 at 300 p. 742