Majority
p. 363The People of the State of New York, Respondent, v Rafael Ocasio, Appellant. [657 NYS2d 972]
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mastro, J.), rendered December 14, 1995, convicting him of attempted murder in the second degree and 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 pros
p. 364
ecution (see, People n Contes, 60 NY2d 620 ), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see, People v Gonzalez, 216 AD2d 412 ). 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 (CPL 470.15 [5]).
The sentence imposed was neither harsh nor excessive (see, People v Suitte, 90 AD2d 80 ). The defendant’s remaining contentions lack merit. Rosenblatt, J. P., Sullivan, Pizzuto and Friedmann, JJ., concur.
Cases cited
- People v. Contes 60 NY2d 620 p. 364
- People v. Suitte 90 AD2d 80 p. 364