People v. Badia

Appellate Division of the Supreme Court of New York

People v. Badia

226 A.D.2d 295, 642 N.Y.S.2d 503, 1996 N.Y. App. Div. LEXIS 4619

Appellate Division of the Supreme Court of the State of New York·Decided April 30, 1996·Published

Opinion

Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered December 2, 1992, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

Giving due deference to the jury’s findings on credibility, [296]*296and utilizing the standards appropriate for circumstantial evidence (People v Kennedy, 47 NY2d 196, 201-203; People v Cabey, 85 NY2d 417, 421), defendant’s guilt was established by sufficient, indeed overwhelming, evidence. Defendant’s challenge to the circumstantial evidence instruction is unpreserved for review as a matter of law (People v Ford, 66 NY2d 428, 441), and, in any event, without merit (see, People v Sanchez, 61 NY2d 1022, 1024). The hearsay challenge was addressed in our ruling affirming the conviction of defendant’s accomplice (People v Maddaloni, 214 AD2d 325, lv denied 86 NY2d 737), and we find no basis to reach a different conclusion here. We perceive no abuse of discretion in sentencing. Concur—Murphy, P. J., Rubin, Kupferman, Ross and Tom, JJ.

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Judgment, Supreme Court, Bronx County (Robert Cohen, J.), rendered December 2, 1992, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to a term of 25 years to life, unanimously affirmed.

Giving due deference to the jury’s findings on credibility, [296]*296and utilizing the standards appropriate for circumstantial evidence (People v Kennedy, 47 NY2d 196, 201-203; People v Cabey, 85 NY2d 417, 421), defendant’s guilt was established by sufficient, indeed overwhelming, evidence. Defendant’s challenge to the circumstantial evidence instruction is unpreserved for review as a matter of law (People v Ford, 66 NY2d 428, 441), and, in any event, without merit (see, People v Sanchez, 61 NY2d 1022, 1024). The hearsay challenge was addressed in our ruling affirming the conviction of defendant’s accomplice (People v Maddaloni, 214 AD2d 325, lv denied 86 NY2d 737), and we find no basis to reach a different conclusion here. We perceive no abuse of discretion in sentencing. Concur—Murphy, P. J., Rubin, Kupferman, Ross and Tom, JJ.

People v. Badia, 226 A.D.2d 295, 642 N.Y.S.2d 503, 1996 N.Y. App. Div. LEXIS 4619 (N.Y. Ct. App. 1996).

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Opinion

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