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People v. Logan

295 A.D.2d 541 Court N.Y. App. Div. Decision date 2002-06-17 English

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p. 541
The People of the State of New York, Respondent, v Roger L. Logan, Appellant.
[744 NYS2d 682]

—Appeal by the defendant from a judgment of the Supreme Court, Kangs County (Feldman, J.), rendered June 17, 1999, convicting him of murder 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 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 trial court properly exercised its discretion in making its Sandoval ruling (see People v Sandoval, 34 NY2d 371 ; People v Mattiace, 77 NY2d 269 ; People v Rahman, 46 NY2d 882 ).

The defendant’s remaining contentions are unpreserved for appellate review (see CPL 470.05 [2]), or without merit. Ritter, J.P., Altman, Smith and Goldstein, JJ., concur.

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