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People v. Grayson

226 A.D.2d 742 Court N.Y. App. Div. Decision date 1996-04-29 English

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p. 742
The People of the State of New York, Respondent, v Noel Grayson, Appellant.
[642 NYS2d 540]

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Linakis, J.), rendered January 13, 1993, 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.

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. 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]).

The evidence of the defendant’s prior uncharged crime in which he shot at the victim a week prior to the fatal shooting for which he was charged in the present case was properly admitted since it was evidence of the defendant’s identity and motive (see, People v Alvino, 71 NY2d 233 ; see, also, People v Ventimiglia, 52 NY2d 350 , 359).

Furthermore, viewing the representation afforded the defendant in light of the evidence, the law, and the circumstances presented here, the defendant received meaningful assistance from his trial counsel (see, People v Baldi, 54 NY2d 137 , 147).

The defendant’s remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245 ). Mangano, P. J., Miller, Ritter and Pizzuto, JJ., concur.

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