People v. McLean

Appellate Division of the Supreme Court of New York

People v. McLean

288 A.D.2d 493, 733 N.Y.S.2d 880, 2001 N.Y. App. Div. LEXIS 11340

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

DecidedNovember 26, 2001

StatusPublished

This text of 288 A.D.2d 493 (People v. McLean) 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. McLean, 288 A.D.2d 493, 733 N.Y.S.2d 880, 2001 N.Y. App. Div. LEXIS 11340 (N.Y. Ct. App. 2001).

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Opinion

—Appeal by the defendant from a judgment of the County Court, Orange County (Rosenwasser, J.), rendered August 29, 2000, convicting him of criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Orange County, for further proceedings pursuant to CPL 460.50 (5).

[494]*494The defendant’s contention that the evidence was legally insufficient to support his conviction is without merit. Viewing the evidence in the light most favorable to the defendant (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 without merit. Ritter, J. P., H. Miller, Feuerstein and Prudenti, JJ., concur.

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—Appeal by the defendant from a judgment of the County Court, Orange County (Rosenwasser, J.), rendered August 29, 2000, convicting him of criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed, and the matter is remitted to the County Court, Orange County, for further proceedings pursuant to CPL 460.50 (5).

[494]*494The defendant’s contention that the evidence was legally insufficient to support his conviction is without merit. Viewing the evidence in the light most favorable to the defendant (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 without merit. Ritter, J. P., H. Miller, Feuerstein and Prudenti, JJ., concur.

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Bluebook (online)

288 A.D.2d 493, 733 N.Y.S.2d 880, 2001 N.Y. App. Div. LEXIS 11340, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mclean-nyappdiv-2001.

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