Criminal Law · MBE-tested

The People of the State of New York, Respondent, v. Noel Rivera, Appellant

213 A.D.2d 684624 N.Y.S.2d 938·New York Supreme Court, Appellate Division·1995·NY

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Opinion

The People of the State of New York, Respondent, v Noel Rivera, Appellant. [624 NYS2d 938] [MAJORITY] —Appeal by the defendant from a judgment of the County Court, Orange County (Charde, J.), rendered June 10, 1986, 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 defendant’s remaining contentions are unpreserved for appellate review or without merit. Mangano, P. J., Rosenblatt, Miller and Ritter, JJ., concur.