People v Victor Quan

People v Quan 2006 NY Slip Op 01039 [26 AD3d 346] February 7, 2006 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 19, 2006

The People of the State of New York, Respondent,
v
Victor Quan, Also Known as Victor Bernard, Appellant.

—[*1]Appeal by the defendant from a judgment of the Supreme Court, Queens County (Aloise, J.), rendered April 28, 2004, convicting him of burglary 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 are unpreserved for appellate review (see CPL 470.05 [2]), and we decline to review them in the exercise of our interest of justice jurisdiction. Crane, J.P., Rivera, Fisher and Dillon, JJ., concur.