People v. Fuentes

Appellate Division of the Supreme Court of New York

People v. Fuentes

27 A.D.3d 481, 810 N.Y.S.2d 341

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

DecidedMarch 7, 2006

StatusPublished

Cited by2 cases

This text of 27 A.D.3d 481 (People v. Fuentes) 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. Fuentes, 27 A.D.3d 481, 810 N.Y.S.2d 341 (N.Y. Ct. App. 2006).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered February 3, 2003, convicting him of criminally negligent homicide and reckless driving, 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 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see People v McDermott, 15 AD3d 595 [2005]; People v LaFantana, 277 AD2d 395 [2000]; cf. People v Mitchell, 213 AD2d 562, 563 [1995]). 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]). Schmidt, J.P., Santucci, Mastro and Lifson, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (J. Goldberg, J.), rendered February 3, 2003, convicting him of criminally negligent homicide and reckless driving, 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 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see People v McDermott, 15 AD3d 595 [2005]; People v LaFantana, 277 AD2d 395 [2000]; cf. People v Mitchell, 213 AD2d 562, 563 [1995]). 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]). Schmidt, J.P., Santucci, Mastro and Lifson, JJ., concur.

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27 A.D.3d 481, 810 N.Y.S.2d 341, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fuentes-nyappdiv-2006.

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