| People v Garcia |
| 2007 NY Slip Op 09411 [45 AD3d 859] |
| November 27, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Anthony Garcia, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, JohnnetteTraill, and Jill Gross-Marks of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Eng, J.),rendered December 3, 2003, convicting him of murder in the first degree, upon a jury verdict,and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the People's contention, the defendant's argument that the evidence was legallyinsufficient to prove that he intended to cause the death of the victim was preserved for appellatereview because he raised this issue with sufficient specificity in his motion pursuant to CPL290.10 for a trial order of dismissal at the close of the People's case (see CPL 470.05 [2];People v Mendez, 34 AD3d697 [2006]; People v Soto, 8AD3d 683, 684 [2004]; cf. People v Gray, 86 NY2d 10 [1995]). Viewing theevidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d620 [1983]), it was legally sufficient to establish the defendant's guilt of murder in the firstdegree beyond a reasonable doubt (see Penal Law § 125.27 [1] [a] [vii]). Therewas sufficient evidence from which a rational trier of fact could have found that the defendant,with the intent to kill, shot the victim repeatedly at close range, inflicting wounds which causedhis death, during the course of, and in furtherance of, a robbery (see People v Cicchetti,44 NY2d 803, 804-805 [1978]; People v Bracey, 41 NY2d 296, 300-302 [1977]; People v Parker, 5 AD3d 507, 508[2004]; People v Moradel, 278 AD2d 250, 251 [2000]). Moreover, upon the exercise ofour factual review power (see CPL 470.15 [5]), we are satisfied that the verdict of guiltwas not against the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).[*2]
The sentence imposed was not excessive (see Peoplev Suitte, 90 AD2d 80 [1982]). Schmidt, J.P., Rivera, Santucci and Balkin, JJ., concur.