People v. Carolan

Appellate Division of the Supreme Court of New York

People v. Carolan

265 A.D.2d 337, 696 N.Y.S.2d 683, 1999 N.Y. App. Div. LEXIS 9579

Appellate Division of the Supreme Court of the State of New York·Decided October 4, 1999·Published·Cited by 2 cases

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dabiri, J.), rendered September 20, 1996, convicting him of attempted murder in the second degree, criminal possession of a weapon in the second degree, and assault in the first degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his argument that the evidence was legally insufficient to establish the intent element of the charge of attempted murder in the second degree (see, CPL 470.05 [2]). In any event, 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 contention is without merit. Ritter, J. P., Krausman, Florio and Feuerstein, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dabiri, J.), rendered September 20, 1996, convicting him of attempted murder in the second degree, criminal possession of a weapon in the second degree, and assault in the first degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his argument that the evidence was legally insufficient to establish the intent element of the charge of attempted murder in the second degree (see, CPL 470.05 [2]). In any event, 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 contention is without merit. Ritter, J. P., Krausman, Florio and Feuerstein, JJ., concur.

People v. Carolan, 265 A.D.2d 337, 696 N.Y.S.2d 683, 1999 N.Y. App. Div. LEXIS 9579 (N.Y. Ct. App. 1999).

Pincite

265 A.D.2d 337 (People v. Carolan) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related