Opinion
2002-08287.
Decided June 14, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered November 13, 2002, convicting him of murder in the second degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, after a nonjury trial, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Jonathan Garvin of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Jennifer Hagan of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., NANCY E. SMITH, GABRIEL M. KRAUSMAN, PETER B. SKELOS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Viewing the evidence, including a videotaped confession, 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 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).
The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).
ALTMAN, J.P., SMITH, KRAUSMAN and SKELOS, JJ., concur.