People v. Mahabir

Appellate Division of the Supreme Court of New York

People v. Mahabir

294 A.D.2d 377, 741 N.Y.S.2d 707

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

DecidedMay 6, 2002

StatusPublished

This text of 294 A.D.2d 377 (People v. Mahabir) 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. Mahabir, 294 A.D.2d 377, 741 N.Y.S.2d 707 (N.Y. Ct. App. 2002).

Pincite

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered February 16, 2001, convicting him of sexual abuse 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 support the conviction is unpreserved for appel[378]*378late review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10). In any event, viewing the evidence in the light most favorable to the prosecution (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]).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Florio, J.P., Smith, Luciano and H. Miller, 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 Supreme Court, Queens County (Kron, J.), rendered February 16, 2001, convicting him of sexual abuse 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 support the conviction is unpreserved for appel[378]*378late review (see CPL 470.05 [2]; People v Gray, 86 NY2d 10). In any event, viewing the evidence in the light most favorable to the prosecution (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]).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. Florio, J.P., Smith, Luciano and H. Miller, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

294 A.D.2d 377, 741 N.Y.S.2d 707, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mahabir-nyappdiv-2002.

Opinion

Related

Cite This Page — Counsel Stack