Majority
p. 594The People of the State of New York, Respondent, v James Masi, Appellant. [735 NYS2d 810]
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered June 28, 2000, convicting him of attempted assault in the second degree, upon a jury verdict, 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
p. 595
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]).
The defendant’s remaining contentions are without merit. Altman, J. P., Adams, Townes and Prudenti, JJ., concur.
Cases cited
- People v. Contes 60 NY2d 620 p. 594