PEOPLE v. PAYNE


40 A.D.3d 660 (2007)

833 N.Y.S.2d 411

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARLENE PAYNE, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 1, 2007.


Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review her argument that the evidence was not legally sufficient to establish her guilt because it did not support a finding that she was capable of having the necessary mental states required for commission of the crimes (see CPL 470.05 [2]). In any event, viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60...

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