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People v. Mena

237 A.D.2d 464 Court N.Y. App. Div. Decision date 1997-03-17 English

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p. 464
The People of the State of New York, Respondent, v Jose Mena, Appellant.
[655 NYS2d 969]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered October 16, 1995, convicting him of illegal possession of a vehicle identification number, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence supporting his conviction for illegal possession of a vehicle identification number was legally insufficient is unpreserved for appellate review (see, CPL 470.05 [2]; People v Tallarine, 223 AD2d 738 ). 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 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]). Friedmann, J. P., Florio, McGinity and Luciano, JJ., concur.

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