Majority
—Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered March 23, 1995, convicting him of murder 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]).
The defendant’s sentence is not excessive (see, People v Suitte, 90 AD2d 80 ). Miller, J. P., Sullivan, Pizzuto and Friedmann, JJ., concur.
Cases cited
- People v. Contes 60 NY2d 620 p. 336
- People v. Suitte 90 AD2d 80 p. 336