| People v Perez |
| 2008 NY Slip Op 04890 [51 AD3d 1042] |
| May 27, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JesusPerez, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob ofcounsel; Lauren Husbands on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.),rendered February 3, 2006, convicting him of assault in the second degree and bail jumping inthe first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to support hisconviction of assault in the second degree is unpreserved for appellate review (see CPL470.05 [2]; People v Finger, 95 NY2d 894 [2000]; People v Cortes, 44 AD3d1068 [2007], lv denied 10 NY3d 763 [2008]). In any event, viewing the evidence in thelight most favorable to the prosecution (see People v Smith, 6 NY3d 827, 828-829[2006], cert denied 548 US 905 [2006]; People v Contes, 60 NY2d 620, 621[1983]), we find that it was legally sufficient to establish the defendant's guilt of assault in thesecond degree beyond a reasonable doubt (see People v Moore, 172 AD2d 855 [1991];People v Mascale, 121 AD2d 400 [1986]). Moreover, upon the exercise of our factualreview power (see CPL 470.15 [5]), we are satisfied that the verdict of guilt was notagainst the weight of the evidence (see People v Romero, 7 NY3d 633 [2006]).
The defendant's remaining contentions, raised in his supplemental pro se brief, are withoutmerit. Santucci, J.P., Covello, Belen and Chambers, JJ., concur.