People v. Guzman

Appellate Division of the Supreme Court of New York

People v. Guzman

2 A.D.3d 536, 767 N.Y.S.2d 917, 1 A.D.2d 444, 766 N.Y.S.2d 893, 2003 N.Y. App. Div. LEXIS 13052

Appellate Division of the Supreme Court of the State of New York·Decided December 8, 2003·Published·Cited by 2 cases

Opinion

—Appeal by the defendant from a judgment of the County [537] Court, Suffolk County (Weber, J.), rendered November 4, 1999, convicting him of murder in the second degree and assault in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish his guilt is unpreserved for appellate review (see CPL 470.05 [2]; People v Udzinski, 146 AD2d 245 [1989]). In any event, 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 sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant’s remaining contentions are without merit. McGinity, J.P., Luciano, Schmidt and Rivera, JJ., concur.

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

—Appeal by the defendant from a judgment of the County [537] Court, Suffolk County (Weber, J.), rendered November 4, 1999, convicting him of murder in the second degree and assault in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish his guilt is unpreserved for appellate review (see CPL 470.05 [2]; People v Udzinski, 146 AD2d 245 [1989]). In any event, 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 sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).

The defendant’s remaining contentions are without merit. McGinity, J.P., Luciano, Schmidt and Rivera, JJ., concur.

People v. Guzman, 2 A.D.3d 536, 767 N.Y.S.2d 917, 1 A.D.2d 444, 766 N.Y.S.2d 893, 2003 N.Y. App. Div. LEXIS 13052 (N.Y. Ct. App. 2003).

Pincite

2 A.D.3d 536 (People v. Guzman) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related