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People v. Alston

156 A.D.2d 701 Court N.Y. App. Div. Decision date 1989-12-26 English

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p. 701
The People of the State of New York, Respondent, v Frank Alston, Appellant.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (O’Brien, J.), rendered November 25, 1987, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 , 621), 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]).

We have examined the defendant’s other contention and find it to be unpreserved for appellate review (see, People v Aschheim, 119 AD2d 757 ; People v Beckles, 115 AD2d 749 ). Mangano, J. P., Bracken, Kooper and Sullivan, JJ., concur.

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