People v. Henry — 251 A.D.2d 596

Majority

p. 596

The People of the State of New York, Respondent, v Dwayne Henry, Appellant.

[682 NYS2d 355]

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Rios, J.), rendered August 12, 1996, convicting him of criminal possession of stolen property in the third degree and unauthorized use of a vehicle in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenges to the legal sufficiency of the evidence are unpreserved for appellate review (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245 ). 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

p. 597

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 remaining contentions are either unpreserved for appellate review or without merit. Miller, J. P., Thompson, Joy and Florio, JJ., concur.

Cases cited

People v. Udzinski 146 AD2d 245 N.Y. App. Div. 1989-04-17 p. 596
People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 596