People v. Addison

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (West, J.), rendered November 5, 1999, convicting him of manslaughter in the second degree, upon.a jury verdict, and imposing sentence.

The defendant’s contention that the evidence was legally insufficient to support his conviction of manslaughter in the second degree under a theory of accomplice liability (see, Penal Law § 125.15 [1]; § 20.00) is unpreserved for appellate review (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10 ). 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]).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Altman, J.P., Adams, Townes and Prudenti, JJ., concur.