| People v Wesley |
| 2008 NY Slip Op 07938 [55 AD3d 758] |
| October 14, 2008 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Michael D. Wesley, Appellant. |
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Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot,
Suzanne H. Sullivan, and Zachary R. Hafer of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered November 15, 2005, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to support his conviction of criminal possession of a weapon in the third degree is unpreserved for appellate review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10, 19 [1995]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see People v Gill, 289 AD2d 340 [2001]).
Contrary to the defendant's contention, he was not denied the effective assistance of counsel (see People v Henry, 95 NY2d 563, 565 [2000]; People v Flores, 84 NY2d 184, 187 [1994]).
The defendant's contention, raised in his supplemental pro se brief, that he was denied access to a law library during his trial, is based on matter dehors the record and is thus not reviewable on [*2]direct appeal. The defendant's contention that the trial court improperly limited his cross-examination of a police witness is unpreserved for appellate review and, in any event, is without merit.
The defendant's remaining contentions are without merit. Mastro, J.P., Angiolillo, Carni and Eng, JJ., concur.