| People v Williams |
| 2012 NY Slip Op 07517 [100 AD3d 1444] |
| November 9, 2012 |
| Appellate Division, Fourth Department |
| The People of the State of New York, Respondent, v JamesWilliams, Appellant. |
—[*1] Frank A. Sedita, III, District Attorney, Buffalo (Ashley R. Small of counsel), forrespondent.
Appeal from a judgment of the Erie County Court (Thomas P. Franczyk, J.), renderedJanuary 5, 2011. The judgment convicted defendant, upon a nonjury verdict, of attempted arsonin the second degree.
It is hereby ordered that the judgment so appealed from is unanimously affirmed.
Memorandum: Defendant appeals from a judgment convicting him upon a nonjury verdict ofattempted arson in the second degree (Penal Law §§ 110.00, 150.15). Contrary todefendant's contention, viewing the evidence in the light most favorable to the People (seePeople v Contes, 60 NY2d 620, 621 [1983]), we conclude that the evidence is legallysufficient to support the conviction (see generally People v Bleakley, 69 NY2d 490, 495[1987]). Furthermore, viewing the evidence in light of the elements of the crime in this nonjurytrial (see People v Danielson, 9NY3d 342, 349 [2007]), we conclude that the verdict is not against the weight of theevidence (see generally Bleakley, 69 NY2d at 495).
Finally, defendant contends that County Court erred in sentencing him as a second felonyoffender based upon a prior conviction in the State of South Carolina. By consenting to the use ofthat conviction as a predicate for sentencing enhancement purposes, defendant waived his rightto appellate review of his contention (see generally People v Walker, 96 AD3d 1481, 1482 [2012]; People v Hicks, 12 AD3d 1044,1045 [2004], lv denied 4 NY3d 799 [2005]). Present—Smith, J.P., Fahey,Sconiers, Valentino and Whalen, JJ.