People v. Barnett

• Citation: 2015 N.Y. Slip Op. 01464,125 A.D.3d 878,3 N.Y.S.3d 128
• Parties: The PEOPLE, etc., respondent, v. Jerome BARNETT, appellant.
• Decision Date: 18 February 2015
• Court: New York Supreme Court Appellate Division

125 A.D.3d 878
3 N.Y.S.3d 128
2015 N.Y. Slip Op. 01464

The PEOPLE, etc., respondent
v.
Jerome BARNETT, appellant.

Supreme Court, Appellate Division, Second Department, New York.

Feb. 18, 2015.

3 N.Y.S.3d 129

Rachel J. Filasto, White Plains, N.Y., for appellant.

Janet DiFiore, District Attorney, White Plains, N.Y. (Hae Jin Liu and Laurie G. Sapakoff of counsel), for respondent.

WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, ROBERT J. MILLER, and JOSEPH J. MALTESE, JJ.

Opinion

125 A.D.3d 878

Appeal by the defendant from a judgment of the Supreme Court, Westchester County (Neary, J.), rendered January 9, 2013, convicting him of burglary in the third degree, criminal mischief in the third degree, petit larceny, and unauthorized use of a motor vehicle in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contentions that the evidence was legally insufficient to support his convictions of burglary in the third degree, petit larceny, and unauthorized use of a motor vehicle in the third degree are unpreserved for appellate review (see CPL 470.05[2] ; People v. Hawkins, 11 N.Y.3d 484, 492–493, 872 N.Y.S.2d 395, 900 N.E.2d 946 ; People v. Finger, 95 N.Y.2d 894, 895, 716 N.Y.S.2d 34, 739 N.E.2d 290 ; People v. Santos, 86 N.Y.2d 869, 871, 635 N.Y.S.2d 168, 658 N.E.2d 1041 ; People v. Sudol, 89 A.D.3d 499, 500, 932 N.Y.S.2d 49 ; People v. Cortes, 44 A.D.3d 1068, 844 N.Y.S.2d 403 ). In any event, viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932 ), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt as to those crimes. Moreover, in fulfilling our responsibility to conduct an independent review of the weight of the evidence

3 N.Y.S.3d 130

(see CPL...