PEOPLE v. YARA (2004)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Reichbach, J.), rendered November 15, 2002, convicting him of murder in the first degree and arson in the fourth degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

 The defendant's challenge to the legal sufficiency of the evidence is unpreserved for appellate review (see CPL 470.05[2];  People v. Gray, 86 N.Y.2d 10, 629 N.Y.S.2d 173, 652 N.E.2d 919).   In any event, viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see People v. Spells, 277 A.D.2d 476, 479, 715 N.Y.S.2d 486).   The People's evidence established that the defendant fatally stabbed Erica Alvarez inside her Brooklyn apartment, and then fatally stabbed her two young children.   After the stabbings, the defendant started a fire in the bedroom where the bodies lay.   Much of this evidence came via the testimony of a jailhouse informant.   Contrary to the defendant's contentions, the informant's criminal record and history of drug use did not render his testimony incredible as a matter of law (see People v. Pagan, 291 A.D.2d 509, 510, 738 N.Y.S.2d 233).   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. Bonner, 5 A.D.3d 500, 772 N.Y.S.2d 598).

The defendant's remaining contentions are without merit.