People v Nedd

People v Nedd 2011 NY Slip Op 09675 Decided on December 27, 2011 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on December 27, 2011
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
MARK C. DILLON, J.P.
ANITA R. FLORIO
CHERYL E. CHAMBERS
ROBERT J. MILLER, JJ.
2009-02497
(Ind. No. 11326/06)

[*1]The People of the State of New York, respondent,

v

Joyette Nedd, appellant.




Lynn W. L. Fahey, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove, Victor Barall, and Adam M.
Koelsch of counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Parker, J.), rendered March 10, 2009, convicting him of attempted murder in the second degree, criminal possession of a weapon in the second degree, and criminal mischief in the fourth 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, 621), we find the evidence was legally sufficient to establish the defendant's guilt of attempted murder in the second degree beyond a reasonable doubt (see Penal Law § 15.05[1]; §§ 110.00, 125.25; People v Mei Ying Wang, 33 AD3d 820, 821). Moreover, upon our independent review pursuant to CPL 470.15(5), we are satisfied that the verdict of guilt as to attempted murder in the second degree was not against the weight of the evidence (see People v Romero, 7 NY3d 633).

The defendant's remaining contentions are without merit.
DILLON, J.P., FLORIO, CHAMBERS and MILLER, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court