People v. Corbett

294 A.D.2d 374, 741 N.Y.S.2d 715, 2002 N.Y. App. Div. LEXIS 4751

This text of 294 A.D.2d 374 (People v. Corbett) 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. Corbett, 294 A.D.2d 374, 741 N.Y.S.2d 715, 2002 N.Y. App. Div. LEXIS 4751 (N.Y. Ct. App. 2002).

Opinion

—Appeal by the defendant from a judgment of the County Court, Rockland County (Nelson, J.), rendered December 14, 1999, convicting him of criminal possession of a forged instrument in the second degree and grand larceny in the third 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 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 contention that the County Court erred in its Sandoval ruling (see People v Sandoval, 34 NY2d 371) is unpreserved for appellate review. In any event, the County Court ruling was a provident exercise of its discretion (see People v Gray, 84 NY2d 709, 712-713; People v Pavao, 59 NY2d 282, 292; People v Sandoval, supra; People v Townley, 245 AD2d 322).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80). Santucci, J.P., Altman, S. Miller and McGinity, JJ., concur.

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Related

People v. Gray
646 N.E.2d 444 (New York Court of Appeals, 1995)
People v. Sandoval
314 N.E.2d 413 (New York Court of Appeals, 1974)
People v. Pavao
451 N.E.2d 216 (New York Court of Appeals, 1983)
People v. Contes
454 N.E.2d 932 (New York Court of Appeals, 1983)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. Townley
245 A.D.2d 322 (Appellate Division of the Supreme Court of New York, 1997)

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Bluebook (online)
294 A.D.2d 374, 741 N.Y.S.2d 715, 2002 N.Y. App. Div. LEXIS 4751, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-corbett-nyappdiv-2002.