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The People of the State of New York, Respondent, v. Luis Vargas, Appellant

New York Supreme Court, Appellate Division1998-12-28
256 A.D.2d 601682 N.Y.S.2d 882

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Opinion

majority opinion

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered October 17, 1996, convicting him of reckless endangerment 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 People (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 was not against the weight of the evidence {see, CPL 470.15 [5]). Bracken, J. P., Ritter, Copertino and Florio, JJ., concur.