People v. Horowitz

Appellate Division of the Supreme Court of New York

People v. Horowitz

276 A.D.2d 717, 717 N.Y.S.2d 544, 2000 N.Y. App. Div. LEXIS 10902

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

DecidedOctober 23, 2000

StatusPublished

This text of 276 A.D.2d 717 (People v. Horowitz) 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. Horowitz, 276 A.D.2d 717, 717 N.Y.S.2d 544, 2000 N.Y. App. Div. LEXIS 10902 (N.Y. Ct. App. 2000).

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Opinion

Appeal by the defendant from a judgment of the County Court, Nassau County (Kowtna, J.), rendered October 16, 1998, convicting him of criminal possession of a weapon in the fourth degree and menacing in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10). In any event, viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620), 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 was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s remaining contention is without merit. Ritter, J. P., H. Miller, Feuerstein and Smith, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Nassau County (Kowtna, J.), rendered October 16, 1998, convicting him of criminal possession of a weapon in the fourth degree and menacing in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10). In any event, viewing the evidence in the light most favorable to the People (see, People v Contes, 60 NY2d 620), 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 was not against the weight of the evidence (see, CPL 470.15 [5]).

The defendant’s remaining contention is without merit. Ritter, J. P., H. Miller, Feuerstein and Smith, JJ., concur.

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Bluebook (online)

276 A.D.2d 717, 717 N.Y.S.2d 544, 2000 N.Y. App. Div. LEXIS 10902, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-horowitz-nyappdiv-2000.

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