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PEOPLE v. PALMER

Appellate Division of the Supreme Court of New York, Second Department.
Mar 3, 1997
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Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. 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).

The trial court properly determined that a tape recording of a 911 call placed by the victim shortly after the incident was admissible as an excited utterance ( see, People v Lewis, 222 AD2d 1058; see also, People v Brown, 70 NY2d 513).

The defendant's trial counsel provided him with meaningful representation ( see, People v Baldi, 54 NY2d 137; People v Jefferson, 156 AD2d 716).

The sentence imposed was neither harsh nor excessive ( see, People v Suitte, 90 AD2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.