PEOPLE v. WEYGANT (2004)

Appeal by the defendant from a judgment of the County Court, Orange County (Berry, J.), rendered October 12, 2000, convicting him of murder in the second degree, conspiracy in the second degree, and conspiracy in the fifth degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

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. Lipsky, 57 N.Y.2d 560, 457 N.Y.S.2d 451, 443 N.E.2d 925;  People v. Curro, 161 A.D.2d 784, 556 N.Y.S.2d 364).   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] ).

The hearing court properly granted the People's motion for a protective order (see People v. Chrysler, 13 A.D.3d 550, 787 N.Y.S.2d 365, decided herewith).

The defendant's remaining contentions are without merit.