People v. DelRosario

Appellate Division of the Supreme Court of New York

People v. DelRosario

247 A.D.2d 547, 668 N.Y.S.2d 475, 1998 N.Y. App. Div. LEXIS 1450

Appellate Division of the Supreme Court of the State of New York·Decided February 17, 1998·Published

Opinion

Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered May 1, 1991, convicting him of assault in the second degree (two counts) and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

[548]*548Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt (see, CPL 470.15 [2]; People v Udzinski, 146 AD2d 245). In any event, viewing the circumstantial evidence in the light most favorable to the prosecution (see, People v Cabey, 85 NY2d 417, 421; People v Williams, 84 NY2d 925, 926), 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 are either unpreserved for appellate review (see, People v Iannone, 45 NY2d 589; People v Smith, 113 AD2d 905, 907) or do not require reversal (see, People v Cohen, 201 AD2d 494, 495).

Mangano, P. J., Bracken, Copertino and Santucci, 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 County Court, Rockland County (Kelly, J.), rendered May 1, 1991, convicting him of assault in the second degree (two counts) and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

[548]*548Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt (see, CPL 470.15 [2]; People v Udzinski, 146 AD2d 245). In any event, viewing the circumstantial evidence in the light most favorable to the prosecution (see, People v Cabey, 85 NY2d 417, 421; People v Williams, 84 NY2d 925, 926), 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 are either unpreserved for appellate review (see, People v Iannone, 45 NY2d 589; People v Smith, 113 AD2d 905, 907) or do not require reversal (see, People v Cohen, 201 AD2d 494, 495).

Mangano, P. J., Bracken, Copertino and Santucci, JJ., concur.

People v. DelRosario, 247 A.D.2d 547, 668 N.Y.S.2d 475, 1998 N.Y. App. Div. LEXIS 1450 (N.Y. Ct. App. 1998).

Pincite

247 A.D.2d 547 (People v. DelRosario) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related