Criminal Law · MBE-tested
The People of the State of New York, Respondent, v. Wen Quin Lu, Appellant
238 A.D.2d 530657 N.Y.S.2d 913·New York Supreme Court, Appellate Division·1997·NY
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Opinion
The People of the State of New York, Respondent, v Wen Quin Lu, Appellant.
[657 NYS2d 913]
[MAJORITY]
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ferdinand, J.), rendered August 10, 1995, convicting him of grand larceny 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 (CPL 470.15 [5]).
The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80).
The defendant’s remaining contentions are either unpreserved for appellate review (see, CPL 470.05 [2]; People v Udzinski, 146 AD2d 245) or without merit. Bracken, J. P., Miller, Sullivan and McGinity, JJ., concur.