People v. Facchinetti — 276 A.D.2d 801

Majority

p. 801

The People of the State of New York, Respondent, v Woodrow Facchinetti, Appellant.

[715 NYS2d 155]

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered July 29, 1997, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence is legally insufficient is unpreserved for appellate review (see, 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 doubt (see, People v Rossey, 89 NY2d 970 , 972; People v Norman, 85 NY2d 609 , 627). 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]). O’Brien, J. P., McGinity, Luciano and Schmidt, JJ., concur.

Cases cited

People v. Udzinski 146 AD2d 245 N.Y. App. Div. 1989-04-17 p. 801
People v. Contes 60 NY2d 620 N.Y. 1983-09-01 p. 801
People v. Rossey 89 NY2d 970 N.Y. 1997-02-13 at 972 p. 801
People v. Norman 85 NY2d 609 N.Y. 1995-05-09 at 627 p. 801