People v. Leschenko

Appellate Division of the Supreme Court of New York

People v. Leschenko

278 A.D.2d 432, 718 N.Y.S.2d 607, 2000 N.Y. App. Div. LEXIS 13185

Appellate Division of the Supreme Court of the State of New York·Decided December 18, 2000·Published·Cited by 1 cases

Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Bárbaro, J.), rendered October 19, 1999, convicting him of robbery in the second 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 identity beyond a reasonable doubt is unpreserved for appellate review (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10). In any event, viewing the evidence in the [433]*433light 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 of guilt was not against the weight of the evidence (see, CPL 470.15 [5]). Santucci, J. P., Altman, Goldstein and McGinity, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Bárbaro, J.), rendered October 19, 1999, convicting him of robbery in the second 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 identity beyond a reasonable doubt is unpreserved for appellate review (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10). In any event, viewing the evidence in the [433]*433light 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 of guilt was not against the weight of the evidence (see, CPL 470.15 [5]). Santucci, J. P., Altman, Goldstein and McGinity, JJ., concur.

People v. Leschenko, 278 A.D.2d 432, 718 N.Y.S.2d 607, 2000 N.Y. App. Div. LEXIS 13185 (N.Y. Ct. App. 2000).

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