People v. Tirado

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 620), we find it 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 (CPL 470.15 [5]). While the trial court should not have departed from the statutory language in delivering a "no inference” charge (see, People v McLucas, 15 NY2d 167, 171; People v Morris, 129 AD2d 591), the charge delivered in this case was "not so…