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The People of the State of New York, Respondent, v. David D. Riley, Appellant

New York Supreme Court, Appellate Division1998-09-28
253 A.D.2d 897678 N.Y.S.2d 522

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Opinion

majority opinion

Appeal by the defendant from a judgment of the County Court, Orange County (Paño Z. Patsalos, J.), rendered February 24, 1995, convicting him of murder in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenge to the legal sufficiency of the evidence is unpreserved for appellate review (see, CPL 470.05 [2]; People v Bynum, 70 NY2d 858, 859). 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.

The defendant’s remaining contentions are without merit. Rosenblatt, J. P., O’Brien, Altman and Friedmann, JJ., concur.