People v Waymon
2003 NY Slip Op 18087 [1 AD3d 389]
November 3, 2003
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, January 28, 2004


The People of the State of New York, Respondent,
v
Aaron Waymon, Appellant.

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered June 27, 2001, 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 [1983]), 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 either are unpreserved for appellate review or without merit. Ritter, J.P., Goldstein, Townes and Mastro, JJ., concur.