Majority
p. 548The People of the State of New York, Respondent, v S. Simpson Gray, Appellant.
Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Rosato, J.), rendered October 9, 1985, convicting him of grand larceny in the second degree (three counts), after a nonjury trial, and imposing sentence.
Ordered that the judgment is affirmed.
p. 549
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 establish the defendant’s guilt beyond a reasonable doubt. Contrary to the defendant’s contention, the record supports the court’s finding that he failed to come forward with sufficient evidence to overcome the presumption of sanity (see, People v Kohl, 72 NY2d 191 ; People v Silver, 33 NY2d 475 ; People v McMillian, 174 AD2d 759 ; Penal Law former § 30.05). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15 [5]).
We find that the defendant’s remaining contentions are without merit. Mangano, P. J., Bracken, Sullivan and O’Brien, JJ., concur.
Cases cited
- People v. Contes 60 NY2d 620 p. 549
- People v. Kohl 72 NY2d 191 p. 549
- People v. Silver 33 NY2d 475 p. 549
- People v. McMillian 174 AD2d 759 p. 549