People v. Mercado

Appellate Division of the Supreme Court of New York

People v. Mercado

6 A.D.3d 630, 774 N.Y.S.2d 801, 2004 N.Y. App. Div. LEXIS 4648

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

DecidedApril 19, 2004

StatusPublished

Cited by3 cases

This text of 6 A.D.3d 630 (People v. Mercado) 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. Mercado, 6 A.D.3d 630, 774 N.Y.S.2d 801, 2004 N.Y. App. Div. LEXIS 4648 (N.Y. Ct. App. 2004).

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Opinion

Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered October 29, 2002, as amended January 22, 2003, convicting him of sodomy in the first degree, sexual abuse in the first degree (two counts), aggravated sexual [631]*631abuse in the second degree (two counts), and obstruction of governmental administration in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment, as amended, is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish his guilt of sodomy in the first degree is unpreserved for appellate review (see CPL 470.05 [2]). In any event, 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 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 [1982]).

The defendant’s remaining contentions are unpreserved for appellate review or without merit. Prudenti, P.J., Ritter, H. Miller and Goldstein, JJ., concur.

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Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered October 29, 2002, as amended January 22, 2003, convicting him of sodomy in the first degree, sexual abuse in the first degree (two counts), aggravated sexual [631]*631abuse in the second degree (two counts), and obstruction of governmental administration in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment, as amended, is affirmed.

The defendant’s contention that the evidence was legally insufficient to establish his guilt of sodomy in the first degree is unpreserved for appellate review (see CPL 470.05 [2]). In any event, 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 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 [1982]).

The defendant’s remaining contentions are unpreserved for appellate review or without merit. Prudenti, P.J., Ritter, H. Miller and Goldstein, JJ., concur.

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Bluebook (online)

6 A.D.3d 630, 774 N.Y.S.2d 801, 2004 N.Y. App. Div. LEXIS 4648, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mercado-nyappdiv-2004.

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