People v. Fabian

Appellate Division of the Supreme Court of New York

People v. Fabian

306 A.D.2d 420, 760 N.Y.S.2d 871, 2003 N.Y. App. Div. LEXIS 7017

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

DecidedJune 16, 2003

StatusPublished

Cited by1 cases

This text of 306 A.D.2d 420 (People v. Fabian) 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. Fabian, 306 A.D.2d 420, 760 N.Y.S.2d 871, 2003 N.Y. App. Div. LEXIS 7017 (N.Y. Ct. App. 2003).

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Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered September 14, 2000, convicting him of burglary in the first degree, burglary in the second degree, robbery in the second degree (two counts), and unlawful imprisonment in the first degree (three counts), upon a jury verdict, 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 [1983]), 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, including those raised in his supplemental pro se brief, either are unpreserved for appellate review or without merit. Ritter, J.P., S. Miller, Goldstein and H. Miller, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered September 14, 2000, convicting him of burglary in the first degree, burglary in the second degree, robbery in the second degree (two counts), and unlawful imprisonment in the first degree (three counts), upon a jury verdict, 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 [1983]), 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, including those raised in his supplemental pro se brief, either are unpreserved for appellate review or without merit. Ritter, J.P., S. Miller, Goldstein and H. Miller, JJ., concur.

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Bluebook (online)

306 A.D.2d 420, 760 N.Y.S.2d 871, 2003 N.Y. App. Div. LEXIS 7017, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fabian-nyappdiv-2003.

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