PEOPLE, res, v. LARRY DAVIS, def-ap

3654. PEOPLE, res, v. LARRY DAVIS, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Deborah L. Morse of counsel), for res — Judgment, Supreme Court, New York County (Maxwell Wiley, J. at grand jury resubmission authorization; Gregory Carro, J. at jury trial and sentencing), rendered July 23, 2013, as amended July 31, 2013, convicting defendant of murder in the second degree (two counts), burglary in the first degree, aggravated criminal contempt and criminal contempt in the first degree, and sentencing him, as a second felony offender, to an aggregate term of 25 years to life, unanimously affirmed.

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3654. PEOPLE, res, v. LARRY DAVIS, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Barbara Zolot of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New York (Deborah L. Morse of counsel), for res — Judgment, Supreme Court, New York County (Maxwell Wiley, J. at grand jury resubmission authorization; Gregory Carro, J. at jury trial and sentencing), rendered July 23, 2013, as amended July 31, 2013, convicting defendant of murder in the second degree (two counts), burglary in the first degree, aggravated criminal contempt and criminal contempt in the first degree, and sentencing him, as a second felony offender, to an aggregate term of 25 years to life, unanimously affirmed.

Except for an argument concerning the unlawful remaining element of burglary, which we find unavailing, defendant’s legal sufficiency claims are unpreserved and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits. We also find that the verdict was not against the weight of the evidence (see People v. Danielson, 9 NY3d 342, 348—349 [2007]). With regard to the intentional murder conviction, the viciousness and extent of defendant’s attack on his elderly grandmother, accompanied by the surrounding circumstances, support the inference that defendant intended to beat her to death. With regard to the felony murder conviction and its underlying crime of burglary, the evidence warranted the inference that defendant unlawfully remained in the victim’s apartment with the intent to commit a crime (see People v. Lewis, 5 NY3d 546, 552 [2005]).

PEOPLE, res, v. LARRY DAVIS, def-ap

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