People v. Cruz

• Decision Date: 08 September 2003
• Citation: 764 N.Y.S.2d 197,308 A.D.2d 458
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>AUGUSTINE R. CRUZ, Appellant.
• Court: New York Supreme Court — Appellate Division

308 A.D.2d 458

764 N.Y.S.2d 197

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.AUGUSTINE R. CRUZ, Appellant.

Decided September 8, 2003.

Prudenti, P.J., Altman, Smith and Adams, JJ., concur.

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 argument that the Supreme Court did not comply with the procedural requirements of Penal Law § 70.10 and CPL 400.20 in adjudicating him a persistent felony offender is unpreserved for appellate review (see People v Hudson, 296 AD2d 510 [2002]; People v Proctor, 176 AD2d 765 [1991], affd 79 NY2d 992 [1992]; People v Martin, 167 AD2d 428 [1990]).

The defendant's remaining contentions either are unpreserved for appellate review or without merit.