People v Garcia (2003 NY Slip Op 18601)

People v Garcia

2003 NY Slip Op 18601 [1 AD3d 935]

November 21, 2003

Appellate Division, Fourth 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
Jesus Chavez Garcia, Appellant.

—Appeal from a judgment of Genesee County Court (Noonan, J.), entered January 22, 2001, upon a jury verdict convicting defendant of murder in the second degree.

It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum: The evidence, viewed in the light most favorable to the People (see People v Contes, 60 NY2d 620, 621 [1983]), is legally sufficient to support defendant's conviction of murder in the second degree (Penal Law § 125.25 [1]). The verdict is not against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490, 495 [1987]), nor is the sentence unduly harsh or severe. Present—Green, J.P., Wisner, Scudder, Gorski and Lawton, JJ.