People v. Barclay

Appellate Division of the Supreme Court of New York

People v. Barclay

271 A.D.2d 542, 705 N.Y.S.2d 896, 2000 N.Y. App. Div. LEXIS 4051

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 10, 2000

StatusPublished

This text of 271 A.D.2d 542 (People v. Barclay) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Barclay, 271 A.D.2d 542, 705 N.Y.S.2d 896, 2000 N.Y. App. Div. LEXIS 4051 (N.Y. Ct. App. 2000).

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Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Minardo, J.), rendered April 1, 1997, convicting him of rape in the first degree (two counts), assault in the second degree, and unlawful imprisonment, 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 was 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 was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit. O’Brien, J. P., Sullivan, Friedmann and Feuerstein, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Minardo, J.), rendered April 1, 1997, convicting him of rape in the first degree (two counts), assault in the second degree, and unlawful imprisonment, 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 was 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 was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit. O’Brien, J. P., Sullivan, Friedmann and Feuerstein, JJ., concur.

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Bluebook (online)

271 A.D.2d 542, 705 N.Y.S.2d 896, 2000 N.Y. App. Div. LEXIS 4051, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-barclay-nyappdiv-2000.

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