People v. McTier

Appellate Division of the Supreme Court of New York

People v. McTier

25 A.D.3d 572, 806 N.Y.S.2d 431

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

DecidedJanuary 10, 2006

StatusPublished

This text of 25 A.D.3d 572 (People v. McTier) 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. McTier, 25 A.D.3d 572, 806 N.Y.S.2d 431 (N.Y. Ct. App. 2006).

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Opinion

Apppeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered May 14, 2002, convicting him of gang assault in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt of gang assault in the first degree (see Penal Law § 120.07; Penal Law § 20.00). Contrary to the defendant’s contentions, the testimony provided by two separate prosecution witnesses supports this conclusion (see People v Mercer, 17 AD3d 607 [2005]; People v Gonzalez, 3 AD3d 579 [2004]). 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, raised in his supplemental pro se brief, either are unpreserved for appellate review or without merit. Florio, J.P., Krausman, Lifson and Lunn, JJ., concur.

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Apppeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered May 14, 2002, convicting him of gang assault in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant’s guilt of gang assault in the first degree (see Penal Law § 120.07; Penal Law § 20.00). Contrary to the defendant’s contentions, the testimony provided by two separate prosecution witnesses supports this conclusion (see People v Mercer, 17 AD3d 607 [2005]; People v Gonzalez, 3 AD3d 579 [2004]). 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, raised in his supplemental pro se brief, either are unpreserved for appellate review or without merit. Florio, J.P., Krausman, Lifson and Lunn, JJ., concur.

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Bluebook (online)

25 A.D.3d 572, 806 N.Y.S.2d 431, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mctier-nyappdiv-2006.

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