People v. Bierd

Appellate Division of the Supreme Court of New York

People v. Bierd

46 A.D.3d 697, 846 N.Y.S.2d 916

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

DecidedDecember 11, 2007

StatusPublished

This text of 46 A.D.3d 697 (People v. Bierd) 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. Bierd, 46 A.D.3d 697, 846 N.Y.S.2d 916 (N.Y. Ct. App. 2007).

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Opinion

by the defendant from a judgment of the County Court, Suffolk County (Kerins, J.), rendered October 28, 2003, convicting him of rape in the second degree (two counts), after a nonjury trial, 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 [1983]), 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 (see CPL 470.15 [5]), we are satisfied that the verdict of guilt was not against the weight of the evidence (see [698]*698People v Romero, 7 NY3d 633 [2006]). Schmidt, J.P., Skelos, Covello and Balkin, JJ., concur.

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by the defendant from a judgment of the County Court, Suffolk County (Kerins, J.), rendered October 28, 2003, convicting him of rape in the second degree (two counts), after a nonjury trial, 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 [1983]), 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 (see CPL 470.15 [5]), we are satisfied that the verdict of guilt was not against the weight of the evidence (see [698]*698People v Romero, 7 NY3d 633 [2006]). Schmidt, J.P., Skelos, Covello and Balkin, JJ., concur.

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Bluebook (online)

46 A.D.3d 697, 846 N.Y.S.2d 916, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-bierd-nyappdiv-2007.

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