Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Patrick Austin, Appellant

294 A.D.2d 372741 N.Y.S.2d 703·New York Supreme Court, Appellate Division·2002·NY

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Opinion

The People of the State of New York, Respondent, v Patrick Austin, Appellant. [741 NYS2d 703] [MAJORITY] —Appeal by the defendant from a judgment of the County Court, Suffolk County (Ohlig, J.), rendered March 2, 1998, 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 sentence imposed was not excessive (see People v Suitte, 90 AD2d 80). The defendant’s remaining contentions are without merit. Santucci, J.P., Altman, S. Miller and McGinity, JJ., concur.