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People v. Brown

240 A.D.2d 587 Court N.Y. App. Div. Decision date 1997-06-16 English

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p. 587
The People of the State of New York, Respondent, v Noel Brown, Also Known as Jonathan Francis, Appellant.
[659 NYS2d 989]

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered June 23, 1995, convicting him of attempted aggravated assault upon a police officer and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was not legally

p. 588
sufficient to support his conviction for attempted aggravated assault upon a police officer is not preserved for appellate review (see, People v Balls, 69 NY2d 641 ; People v Udzinski, 146 AD2d 245 , 250). 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. Additionally, 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 also failed to preserve his contention that the forensic expert’s testimony should not have been admitted because it was too uncertain (see, CPL 470.05 [2]; People v Balls, supra, at 642 ). In any event, any error in allowing the testimony in question was harmless beyond a reasonable doubt (see, People v Crimmins, 36 NY2d 230 ). Miller, J. P., Copertino, Sullivan and Altman, JJ., concur.

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