People v. Darden

Appellate Division of the Supreme Court of New York

People v. Darden

251 A.D.2d 511, 675 N.Y.S.2d 549, 1998 N.Y. App. Div. LEXIS 6816

Appellate Division of the Supreme Court of the State of New York·Decided June 15, 1998·Published

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lipp, J.), rendered June 2, 1988, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt is unpreserved for appellate review (see, CPL 470.05 [2]; People v Johnson, 228 AD2d 521; People v Lopez, 175 AD2d 267; People v Udzinski, 146 AD2d 245). 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]). O’Brien, J. P., Sullivan, Pizzuto and Joy, 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 (Lipp, J.), rendered June 2, 1988, convicting him of burglary in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt is unpreserved for appellate review (see, CPL 470.05 [2]; People v Johnson, 228 AD2d 521; People v Lopez, 175 AD2d 267; People v Udzinski, 146 AD2d 245). 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]). O’Brien, J. P., Sullivan, Pizzuto and Joy, JJ., concur.

People v. Darden, 251 A.D.2d 511, 675 N.Y.S.2d 549, 1998 N.Y. App. Div. LEXIS 6816 (N.Y. Ct. App. 1998).

Pincite

251 A.D.2d 511 (People v. Darden) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related