[*1]
People v Brunter (John)
2004 NY Slip Op 50405(U)
Decided on February 23, 2004
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on February 23, 2004
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:McCABE, P.J., LIFSON and SKELOS, JJ.
NO. 2003-52 N CR

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

against

JOHN BRUNTER, Appellant.


Appeal by defendant from a judgment of the City Court of Glen Cove, Nassau County (J. Meirowitz, J.), rendered December 9, 2002, convicting him of violating section 168-47(B) of the Municipal Code of the City of Glen Cove and imposing sentence.


Judgment of conviction unanimously affirmed.

After reviewing the record on this appeal, we find that the credible evidence adduced upon the trial was legally sufficient to establish defendant's guilt beyond a reasonable doubt and that the verdict of guilty was not against the weight of the evidence (see People v Contes, 60 NY2d 620 [1983]; see also CPL 470.15 [5]). In reaching this result we note that inasmuch as defendant's contention that the statute was unconstitutionally vague was not raised in the court below (see CPL 170.30 [2], 255.20), said issue cannot be raised on the appeal. The other issues raised on this appeal were considered and found to be without merit.
Decision Date: February 23, 2004