Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Darryl Gadson, Appellant

242 A.D.2d 305661 N.Y.S.2d 970·New York Supreme Court, Appellate Division·1997·NY

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Opinion

The People of the State of New York, Respondent, v Darryl Gadson, Appellant. [661 NYS2d 970] [MAJORITY] Appeal by the defendant from a judgment of the Supreme Court, Queens County (O’Brien, J.), rendered November 8, 1989, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence. Ordered that the judgment is affirmed. The defendant’s challenges to the legal sufficiency of the evidence are unpreserved for appellate review (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245). 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. We have examined the defendant’s remaining contentions and find them to be without merit. Bracken, J. P., Copertino, Altman and Florio, JJ., concur.