People v. Hohn — 236 A.D.2d 558

Majority

p. 558

The People of the State of New York, Respondent, v Arthur Hohn, Appellant.

[654 NYS2d 640]

—Appeal by the defendant from a judgment of the County Court, Westchester County (Pirro, J., at trial; Murphy, J., at sentencing), rendered October 4, 1993, convicting him of assault in the first degree and burglary in the first 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 defendant’s remaining claim challenging the trial court’s evidentiary ruling is without merit. O’Brien, J. P., Joy, Friedmann and Florio, JJ., concur.

Cases cited

People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 558