People v. DelRosario

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

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

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.

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Related

People v. Williams
644 N.E.2d 1367 (New York Court of Appeals, 1994)
People v. Cabey
649 N.E.2d 1164 (New York Court of Appeals, 1995)
People v. Iannone
384 N.E.2d 656 (New York Court of Appeals, 1978)
People v. Smith
113 A.D.2d 905 (Appellate Division of the Supreme Court of New York, 1985)
People v. Udzinski
146 A.D.2d 245 (Appellate Division of the Supreme Court of New York, 1989)
People v. Cohen
201 A.D.2d 494 (Appellate Division of the Supreme Court of New York, 1994)

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Bluebook (online)
247 A.D.2d 547, 668 N.Y.S.2d 475, 1998 N.Y. App. Div. LEXIS 1450, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-delrosario-nyappdiv-1998.