People v. McKenzie

• Decision Date: 07 October 2002
• Citation: 298 A.D.2d 409,751 N.Y.S.2d 384
• Parties: THE PEOPLE OF THE STATE OF NEW YORK, Respondent,<BR>v.<BR>LEONARD McKENZIE, Appellant.
• Court: New York Supreme Court — Appellate Division

298 A.D.2d 409

751 N.Y.S.2d 384

THE PEOPLE OF THE STATE OF NEW YORK, Respondent,

v.LEONARD McKENZIE, Appellant.

Decided October 7, 2002.

Ritter, J.P., Santucci, Goldstein and Mastro, 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), 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 contention that his adjudication as a persistent violent felony offender violated his right to a jury trial is unpreserved for appellate review and, in any event, is without merit (see People v Rosen, 96 NY2d 329, 335, cert denied 534 US 899).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

The defendant's remaining contentions are without merit.