Majority
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 support 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]).
We find that, upon reviewing the entire charge, the court properly instructed the jury on reasonable doubt (see, People v Canty, 60 NY2d 830 ; People v Yanik, 43 NY2d 97 , on remand 63 AD2d 574 ; People v Blackshear, 112 AD2d 1044 , lv denied 66 NY2d 917 ; People v Navarro, 104 AD2d 958 ; People v Cruz, 97 AD2d 518 ).
We also find the statements made by the prosecutor which the defendant contends constituted prosecutorial misconduct were either proper responses to the defense summation (see, People v Street, 124 AD2d 841 , lv denied 69 NY2d 834 ; People v Freeman, 123 AD2d 784 , lv denied 69 NY2d 711 ), properly
We have reviewed the defendant’s remaining contentions and find that they are either unpreserved for appellate review or without merit (see, People v Santana, 125 AD2d 427 , lv denied 70 NY2d 960 ; People v Torres, 118 AD2d 821 , lv denied 68 NY2d 672 ). Mollen, P. J., Thompson, Rubin and Spatt, JJ., concur.
Cases cited
- People v. Contes 60 NY2d 620 p. 536
- People v. Canty 60 NY2d 830 p. 536
- People v. Yanik 43 NY2d 97 p. 536
- People v. Blackshear 112 AD2d 1044 p. 536
- People v. Arce 42 NY2d 179 p. 537
- People v. Medina 53 NY2d 951 at 953 p. 537
- People v. Santana 125 AD2d 427 p. 537
- People v. Torres 118 AD2d 821 p. 537