People v. Lou — 229 A.D.2d 505

Majority

p. 505

The People of the State of New York, Respondent, v David Lou, Appellant.

[646 NYS2d 277]

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Katz, J.), rendered May 13, 1992, convicting him of murder in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the fourth 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 beyond a reasonable doubt that the defendant, acting in concert (see, Penal Law § 20.00), possessed a firearm with the intent to use it unlawfully against another and murdered the victim (see, Penal Law §§ 265.03, 125.25 [1]; People v Whatley, 69 NY2d 784 ; People v Duncan, 46

p. 506

NY2d 74 ; People v Rodriguez, 221 AD2d 381 ; People v Jackson, 219 AD2d 676 ). 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 (CPL 470.15 [5]; People v Grajales, 187 AD2d 631 ).

The sentence imposed is not excessive (see, People v Suitte, 90 AD2d 80 ).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Pizzuto, J. P., Santucci, Altman and Hart, JJ., concur.

Cases cited

People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 505
People v. Whatley 69 NY2d 784 N.Y. 1987-02-12 p. 505
People v. Grajales 187 AD2d 631 N.Y. App. Div. 1992-11-18 p. 506
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 506