People v. Riley — 253 A.D.2d 897

Majority

p. 897

The People of the State of New York, Respondent, v David D. Riley, Appellant.

[678 NYS2d 522]

Appeal by the defendant from a judgment of the County Court, Orange County (Paño Z. Patsalos, J.), rendered February 24, 1995, convicting him of murder in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenge to the legal sufficiency of the evidence is unpreserved for appellate review (see, CPL 470.05 [2]; People v Bynum, 70 NY2d 858 , 859). 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.

The defendant’s remaining contentions are without merit. Rosenblatt, J. P., O’Brien, Altman and Friedmann, JJ., concur.

Cases cited

People v. Bynum 70 NY2d 858 N.Y. 1987-11-24 at 859 p. 897
People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 897