People v. Hernandez , 746 N.Y.2d 615 ( 2002 )


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  • The defendant failed to specifically object with regard to the *390legal sufficiency of the evidence on the ground he raises on appeal. Therefore, his arguments regarding this issue are unpreserved for appellate review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10; People v Seabrooks, 289 AD2d 515, Iv denied 98 NY2d 640). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish thé 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]).

    Since the defendant withdrew his request that the court charge sexual abuse in the third degree as a lesser-included offense, his contention regarding this issue is waived and unpreserved for appellate review (see CPL 470.05 [2]).

    The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80). Ritter, J.P., Feuerstein, Adams and Mastro, JJ., concur.

Document Info

Citation Numbers: 297 A.D.2d 389, 746 N.Y.2d 615

Filed Date: 8/26/2002

Precedential Status: Precedential

Modified Date: 1/13/2022