People v Maldonado
2012 NY Slip Op 07319 [100 AD3d 657]
November 7, 2012
Appellate Division, Second Department
As corrected through Wednesday, December 26, 2012
As corrected through Wednesday, December 26, 2012


The People of the State of New York, Respondent,
v
JoseMaldonado, Appellant.

[*1]Lynn W. L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner ofcounsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.),rendered July 8, 2010, convicting him of murder in the second degree, unlawful fleeing a policeofficer in a motor vehicle in the first degree, and grand larceny in the fourth degree, upon a juryverdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People vContes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish thedefendant's guilt of murder in the second degree beyond a reasonable doubt. Moreover, upon ourindependent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt withrespect to that conviction was not against the weight of the evidence (see People v Romero, 7 NY3d 633[2006]). Mastro, J.P., Lott, Austin and Cohen, JJ., concur.


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