People v. Shih-Wei Su
| Decision Date | 13 March 1995 |
| Docket Number | SHIH-WEI |
| Citation | 624 N.Y.S.2d 904,213 A.D.2d 502 |
| Parties | The PEOPLE, etc., Respondent, v.SU, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Joel A. Brenner, East Northport (L. Jeffrey Norwalk, on the brief), for appellant.
Richard A. Brown, Dist. Atty., Kew Gardens (Steven J. Chananie, Gary Fidel, and Jin-Young Han, of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Linakis, J.), rendered February 25, 1992, convicting him of attempted murder in the second degree (two counts), assault in the first degree (two counts), and criminal possession of a weapon 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 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. 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 either unpreserved for appellate review or without merit.
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...previously determined on the merits upon the defendant's direct appeal from the judgment (see, CPL 440.10(2)(a); People v. Shih-Wei Su, 213 A.D.2d 502, 624 N.Y.S.2d 904), or could have been, but were not raised upon the direct appeal (see, CPL 440.10(2)(0)H" See Respondent's Exhibit This ti......
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