Opinion · Appellate Division of the Supreme Court of the State of New York

People v. Hemstreet

270 A.D.2d 499

Type
Opinion
Court
Appellate Division of the Supreme Court of the State of New York
Jurisdiction
New York
Date
2000-03-27
Topic
litigation

—Appeal by the defendant from a judgment of the County Court, Rockland County (Meehan, J.), rendered January 20, 1998, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence. 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 is 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 is not against the weight of the evidence (see, CPL 470.15 [5]). The defendant’s remaining contention is without merit.

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—Appeal by the defendant from a judgment of the County Court, Rockland County (Meehan, J.), rendered January 20, 1998, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

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 is 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 is not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s remaining contention is without merit. Ritter, J. P., S. Miller, McGinity and Feuerstein, JJ., concur.