People v. Everett

Appellate Division of the Supreme Court of New York

People v. Everett

180 A.D.2d 746

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

DecidedFebruary 18, 1992

StatusPublished

This text of 180 A.D.2d 746 (People v. Everett) 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. Everett, 180 A.D.2d 746 (N.Y. Ct. App. 1992).

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Opinion

Appeal by the defendant from a judgment of the County Court, Nassau County (Delin, J.), rendered March 14, 1986, convicting him of burglary 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 People (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt and to exclude to a moral certainty every reasonable hypothesis of innocence (see, People v Betancourt, 68 NY2d 707). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Sullivan, J. P., Eiber, O’Brien and Ritter, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Nassau County (Delin, J.), rendered March 14, 1986, convicting him of burglary 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 People (see, People v Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt and to exclude to a moral certainty every reasonable hypothesis of innocence (see, People v Betancourt, 68 NY2d 707). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Sullivan, J. P., Eiber, O’Brien and Ritter, JJ., concur.

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Bluebook (online)

180 A.D.2d 746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-everett-nyappdiv-1992.

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