People v. Eske

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. SAMUEL ESKE, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 21, 1992

179 A.D.2d 770 (N.Y. App. Div. 1992)

579 N.Y.S.2d 138

Opinion

January 21, 1992

Appeal from the Supreme Court, Kings County (Tomei, J.).

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt of attempted murder in the second degree and assault in the first degree. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15). Balletta, J.P., Rosenblatt, Miller and Ritter, JJ., concur.