People v. Boyd — 270 A.D.2d 429

Majority

p. 429

The People of the State of New York, Respondent, v Larry Boyd, Appellant.

[705 NYS2d 272]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Juviler, J.), rendered December 4, 1997, convicting him of criminal possession of a weapon in the second degree, after a nonjury trial, 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. Moréover, 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 sentence imposed was not unduly harsh or excessive (see, People v Suitte, 90 AD2d 80 ). Bracken, J. P., O’Brien, Sullivan and Luciano, JJ., concur.

Cases cited

People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 429
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 429