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People v. Weeks

210 A.D.2d 517 Court N.Y. App. Div. Decision date 1994-12-27 English

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p. 517
The People of the State of New York, Respondent, v Anthony Weeks, Appellant.
[620 NYS2d 1010]

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Cooperman, J.), rendered November 19, 1992, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s claim that the evidence was legally insufficient to prove his guilt of criminal possession of a weapon in the second degree is unpreserved for appellate review (see, CPL 470.05 [2]; People v Bynum, 70 NY2d 858 ). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620 ), we find that it is 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 is not against the weight of the evidence (see, CPL 470.15 [5]).

The sentence imposed was not excessive. Bracken, J. P., Balletta, Friedmann and Krausman, JJ., concur.

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