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The People of the State of New York, Respondent, v. Melissa Lunan, Appellant

New York Supreme Court, Appellate Division2003-06-02
306 A.D.2d 292760 N.Y.S.2d 329

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Opinion

majority opinion

—Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered September 5, 2000, convicting her of reckless endangerment in the first degree, criminally negligent homicide, and endangering the welfare of a child, 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 [1983]), 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 contention is without merit. Prudenti, P.J., Ritter, Smith and Cozier, JJ., concur.