Opinion

People v. Hernandez

746 N.Y.S.2d 615 · Appellate Division of the Supreme Court of the State of New York · Aug 26, 2002

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The People of the State of New York v. Jose Hernandez

Opinions in this case

Majority
Majority

The defendant failed to specifically object with regard to the [390] legal sufficiency of the evidence on the ground he raises on appeal. Therefore, his arguments regarding this issue are unpreserved for appellate review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10; People v Seabrooks, 289 AD2d 515, Iv denied 98 NY2d 640). 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 thé 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]). Since the defendant withdrew his request that the court charge sexual abuse in the third degree as a lesser-included offense, his contention regarding this issue is waived and unpreserved for appellate review (see CPL 470.05 [2]). The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80). Ritter, J.P., Feuerstein, Adams and Mastro, JJ., concur.

746 N.Y.S.2d 610

297 A.D.2d 389

746 N.Y.2d 615

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