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People v. Ballard

189 A.D.2d 878
Procedural entryThis page is a short order in People v. Ballard. Read the opinion of the Court — 173 A.D.2d 480 →
Appellate Division of the Supreme Court of the State of New York·Decided January 25, 1993·Published

Opinion

— Appeal by the defendant from a judgment of the County Court, Nassau County (Jonas, J.), rendered December 17, 1991, convicting him of burglary 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 [879]*879was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see, People v Spruill, 155 AD2d 706; People v Bullard, 59 AD2d 786; cf., People v Collins, 150 AD2d 476). 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 (see, CPL 470.15 [5]).

Additionally, we find that the sentence imposed was neither harsh nor excessive (see, People v Suitte, 90 AD2d 80). Bracken, J. P., Rosenblatt, O’Brien and Copertino, JJ., concur.

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People v. Ballard, 189 A.D.2d 878 (N.Y. Ct. App. 1993).

189 A.D.2d 878 (People v. Ballard) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Contes
454 N.E.2d 932 (New York Court of Appeals, 1983)
People v. Bullard
59 A.D.2d 786 (Appellate Division of the Supreme Court of New York, 1977)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. Collins
150 A.D.2d 476 (Appellate Division of the Supreme Court of New York, 1989)
People v. Spruill
155 A.D.2d 706 (Appellate Division of the Supreme Court of New York, 1989)