People v. Mathew

289 A.D.2d 260, 734 N.Y.S.2d 475, 2001 N.Y. App. Div. LEXIS 11763

This text of 289 A.D.2d 260 (People v. Mathew) 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. Mathew, 289 A.D.2d 260, 734 N.Y.S.2d 475, 2001 N.Y. App. Div. LEXIS 11763 (N.Y. Ct. App. 2001).

Opinion

Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered October 21, 1998, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant’s omnibus motion which was to suppress statements he made to law enforcement authorities.

Ordered that the judgment is affirmed.

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 sentence imposed was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are without merit. Ritter, J. P., H. Miller, Feuerstein and Prudenti, JJ., concur.

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Related

People v. Contes
454 N.E.2d 932 (New York Court of Appeals, 1983)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)

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Bluebook (online)
289 A.D.2d 260, 734 N.Y.S.2d 475, 2001 N.Y. App. Div. LEXIS 11763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mathew-nyappdiv-2001.