Majority
p. 559The People of the State of New York, Respondent, v Emmet Coombs, Appellant. [671 NYS2d 329]
—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Fisher, J.), rendered September 9, 1994, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s legal sufficiency claim is unpreserved for ap
p. 560
pellate review, as his motion for a trial order of dismissal was not specific (see, CPL 470.05 [2]; People v Bynum, 70 NY2d 858 ). 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 (CPL 470.15 [5]).
The defendant’s remaining contentions are either unpreserved for appellate review or without merit (see, People v Saunders, 64 NY2d 665 ; People v Perdomo, 204 AD2d 358 ; People v Tate, 200 AD2d 602 ). O’Brien, J. P., Pizzuto, Friedmann and McGinity, JJ., concur.
Cases cited
- People v. Bynum 70 NY2d 858 p. 560
- People v. Contes 60 NY2d 620 p. 560
- People v. Saunders 64 NY2d 665 p. 560
- People v. Perdomo 204 AD2d 358 p. 560
- People v. Tate 200 AD2d 602 p. 560