People v. Rudenko — 240 A.D.2d 598

Majority

p. 598

The People of the State of New York, Respondent, v Konstantin Rudenko, Appellant.

[659 NYS2d 987]

Appeal by

p. 599

the defendant from a judgment of the Supreme Court, Kings County (Lipp, J.), rendered August 30, 1995, convicting him of burglary 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 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]).

Further, there is no merit to the defendant’s contention that the court erroneously failed to impose appropriate sanctions upon the People for a Rosario violation (see, People v Rosario, 9 NY2d 286 , cert denied 386 US 866 ). The sanctions sought by the defendant were more drastic than the situation warranted (see, People v Joseph, 86 NY2d 565 , 570; People v Martinez, 71 NY2d 937 , 940).

The defendant’s remaining contentions lack merit or are unpreserved for appellate review. Miller, J. P., Copertino, Sullivan and Altman, JJ., concur.

Cases cited

People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 599
People v. Rosario 9 NY2d 286 N.Y. 1961-03-23 p. 599
People v. Joseph 86 NY2d 565 N.Y. 1995-10-31 at 570 p. 599
People v. Martinez 71 NY2d 937 N.Y. 1988-04-26 at 940 p. 599