People v. Fitzpatrick

Appellate Division of the Supreme Court of New York

People v. Fitzpatrick

147 A.D.3d 1312, 45 N.Y.S.3d 828

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

DecidedFebruary 3, 2017

StatusPublished

This text of 147 A.D.3d 1312 (People v. Fitzpatrick) 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. Fitzpatrick, 147 A.D.3d 1312, 45 N.Y.S.3d 828 (N.Y. Ct. App. 2017).

Pincite

Opinion

Appeal from a judgment of the Monroe County Court (Frank P. Geraci, Jr., J.), rendered March 21, 2012. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). Defendant’s contention that the evidence is legally insufficient to support the conviction is not preserved for our review inasmuch as he failed to move for a trial order of dismissal on that ground (see People v Gray, 86 NY2d 10, 19 [1995]). Viewing the evidence in light of the elements of the crime as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), we reject defendant’s further contention that the verdict is contrary to the weight of the evidence (see People v Bleakley, 69 NY2d 490, 495 [1987]). Finally, the sentence is neither unduly harsh nor severe.

Present — Smith, J.P., DeJoseph, NeMoyer, Troutman and Scudder, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Appeal from a judgment of the Monroe County Court (Frank P. Geraci, Jr., J.), rendered March 21, 2012. The judgment convicted defendant, upon a jury verdict, of criminal possession of a weapon in the second degree.

It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of criminal possession of a weapon in the second degree (Penal Law § 265.03 [3]). Defendant’s contention that the evidence is legally insufficient to support the conviction is not preserved for our review inasmuch as he failed to move for a trial order of dismissal on that ground (see People v Gray, 86 NY2d 10, 19 [1995]). Viewing the evidence in light of the elements of the crime as charged to the jury (see People v Danielson, 9 NY3d 342, 349 [2007]), we reject defendant’s further contention that the verdict is contrary to the weight of the evidence (see People v Bleakley, 69 NY2d 490, 495 [1987]). Finally, the sentence is neither unduly harsh nor severe.

Present — Smith, J.P., DeJoseph, NeMoyer, Troutman and Scudder, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

147 A.D.3d 1312, 45 N.Y.S.3d 828, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fitzpatrick-nyappdiv-2017.

Opinion

Related

Cite This Page — Counsel Stack