People v. Encisco

Appellate Division of the Supreme Court of New York

People v. Encisco

266 A.D.2d 232, 696 N.Y.S.2d 896, 1999 N.Y. App. Div. LEXIS 11072

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 1, 1999

StatusPublished

This text of 266 A.D.2d 232 (People v. Encisco) 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.

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People v. Encisco, 266 A.D.2d 232, 696 N.Y.S.2d 896, 1999 N.Y. App. Div. LEXIS 11072 (N.Y. Ct. App. 1999).

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Opinion

—Appeal by the defendant from a judgment of the County Court, Westchester County (Mulroy, J.), rendered November 20, 1997, convicting him of attempted rape in the first degree and sexual abuse in the first degree, after a nonjury trial, 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]).

Further, contrary to the defendant’s contention, he received meaningful representation of counsel under the totality of the circumstances (see, People v Flores, 84 NY2d 184, 187; People v Ellis, 81 NY2d 854, 856; People v Baldi, 54 NY2d 137, 147). S. Miller, J. P., Ritter, Florio and H. Miller, JJ., concur.

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—Appeal by the defendant from a judgment of the County Court, Westchester County (Mulroy, J.), rendered November 20, 1997, convicting him of attempted rape in the first degree and sexual abuse in the first degree, after a nonjury trial, 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]).

Further, contrary to the defendant’s contention, he received meaningful representation of counsel under the totality of the circumstances (see, People v Flores, 84 NY2d 184, 187; People v Ellis, 81 NY2d 854, 856; People v Baldi, 54 NY2d 137, 147). S. Miller, J. P., Ritter, Florio and H. Miller, JJ., concur.

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Bluebook (online)

266 A.D.2d 232, 696 N.Y.S.2d 896, 1999 N.Y. App. Div. LEXIS 11072, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-encisco-nyappdiv-1999.

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