People v Morgan
2004 NY Slip Op 06292 [10 AD3d 371]
August 2, 2004
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, October 6, 2004


The People of the State of New York, Respondent,
v
Calvin Morgan, Appellant.

[*1]Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered February 24, 1998, convicting him of murder in the second degree and robbery in the first 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 sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Luciano, J.P., Mastro, Spolzino and Skelos, JJ., concur.