People v. Karris — 133 A.D.3d 780

Majority

p. 780

The People of the State of New York, Respondent, v Brian Karris, Appellant.

[19 NYS3d 190]

Appeal by the defendant from a judgment of the County Court, Suffolk County (Weber, J.), rendered December 14, 2012, convicting him of assault in the second degree as a hate crime, 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 , 621 [1983]), we find that it was legally sufficient to support the defendant’s conviction of assault in the second degree as a hate crime. Moreover, upon our independent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Danielson, 9 NY3d 342 , 348 [2007]; People v Romero, 7 NY3d 633 [2006]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

p. 781

The defendant’s remaining contentions, raised in his pro se supplemental brief, are unpreserved for appellate review and, in any event, without merit. Hall, J.P., Sgroi, Cohen and Maltese, JJ., concur.

Cases cited

People v. Contes 60 NY2d 620 N.Y. 1983-09-01 at 621 p. 780
People v. Danielson 9 NY3d 342 N.Y. 2007-12-13 at 348 p. 780
People v. Romero 7 NY3d 633 N.Y. 2006-11-21 p. 780
People v. Suitte 90 AD2d 80 N.Y. App. Div. 1982-11-22 p. 780