People v. Whyte

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Finnegan, J.), rendered December 16, 1997, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a new trial is ordered.

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 *630review power, we are satisfied that the verdict of guilt was…