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People v. Knox

265 A.D.2d 577 Court N.Y. App. Div. Decision date 1999-10-25 English

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p. 577
The People of the State of New York, Respondent, v Howard Knox, Appellant.
[696 NYS2d 886]

—Appeal by the defendant from a judgment of the County Court, Westchester County (Lange, J.), rendered June 7, 1996, convicting him of manslaughter in the first degree and criminal use of a firearm in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenge to the 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-. 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, contrary to the defendant’s contention, the sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80 ).

The defendant’s remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review (see, CPL 470.05 [2]) or without merit. Mangano, P. J., O’Brien, Ritter and Schmidt, JJ., concur.

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