People v Whitehead, 2016 NY Slip Op 04437 [140 AD3d 904]
June 8, 2016
Appellate Division, Second Department
[*1]
The People of the State of New York, Respondent,
v
Harrison Whitehead, Appellant.
Arleen Lewis, Blauvelt, NY, for appellant.
Thomas P. Zugibe, District Attorney, New City, NY (Itamar J. Yeger of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Rockland County (Kelly, J.), rendered August 6, 2014, convicting him of gang assault in the second degree and assault in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s contention that the People failed to adduce legally sufficient evidence to prove his guilt beyond a reasonable doubt is unpreserved for appellate review ( see People v Hawkins , 11 NY3d 484 , 492 [2008]). In any event, viewing the evidence in the light most favorable to the People ( see People v Danielson , 9 NY3d 342 , 349 [2007]; People v Contes , 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt ( see People v Mead , 134 AD3d 960 , 960 [2015]; People v Lormil , 134 AD3d 958 , 959 [2015]; People v Carson , 126 AD3d 996 , 996 [2015]; People v Monserrate , 90 AD3d 785 , 788 [2011]; People v Williams , 14 AD3d 519 , 519 [2005]). 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]; People v Romero , 7 NY3d 633 , 640-641 [2006]; People v Bleakley , 69 NY2d 490, 495 [1987]). Mastro, J.P., Sgroi, Duffy and Brathwaite Nelson, JJ., concur..