People v. Gabbidon

Appellate Division of the Supreme Court of New York

People v. Gabbidon

134 A.D.2d 447, 520 N.Y.S.2d 1016, 1987 N.Y. App. Div. LEXIS 50635

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

DecidedNovember 16, 1987

StatusPublished

This text of 134 A.D.2d 447 (People v. Gabbidon) 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. Gabbidon, 134 A.D.2d 447, 520 N.Y.S.2d 1016, 1987 N.Y. App. Div. LEXIS 50635 (N.Y. Ct. App. 1987).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hayes, J.), rendered December 3, 1982, convicting him of murder in [448]*448the second degree, assault in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

According the People the most favorable view of the evidence, as we must, the evidence was sufficient as a matter of law to establish the defendant’s guilt (see, People v Malizia, 62 NY2d 755, cert denied 469 US 932). Moreover, upon the exercise of our factual review power we are satisfied that the evidence established the defendanat’s guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s remaining contentions, including his claim that the court’s charge was unreasonably long and confusing, as well as the points raised by him pro se, have been considered and have been found not to require reversal (see, People v Malloy, 55 NY2d 296, cert denied 459 US 847; People v Crimmins, 36 NY2d 230). Mangano, J. P., Brown, Lawrence and Spatt, JJ., concur. [See, 116 Misc 2d 127.]

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hayes, J.), rendered December 3, 1982, convicting him of murder in [448]*448the second degree, assault in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

According the People the most favorable view of the evidence, as we must, the evidence was sufficient as a matter of law to establish the defendant’s guilt (see, People v Malizia, 62 NY2d 755, cert denied 469 US 932). Moreover, upon the exercise of our factual review power we are satisfied that the evidence established the defendanat’s guilt beyond a reasonable doubt and that the verdict was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s remaining contentions, including his claim that the court’s charge was unreasonably long and confusing, as well as the points raised by him pro se, have been considered and have been found not to require reversal (see, People v Malloy, 55 NY2d 296, cert denied 459 US 847; People v Crimmins, 36 NY2d 230). Mangano, J. P., Brown, Lawrence and Spatt, JJ., concur. [See, 116 Misc 2d 127.]

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Bluebook (online)

134 A.D.2d 447, 520 N.Y.S.2d 1016, 1987 N.Y. App. Div. LEXIS 50635, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-gabbidon-nyappdiv-1987.

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