People v. Merchant

Appellate Division of the Supreme Court of New York

People v. Merchant

287 A.D.2d 580, 731 N.Y.S.2d 655, 2001 N.Y. App. Div. LEXIS 9564

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

DecidedOctober 15, 2001

StatusPublished

This text of 287 A.D.2d 580 (People v. Merchant) 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. Merchant, 287 A.D.2d 580, 731 N.Y.S.2d 655, 2001 N.Y. App. Div. LEXIS 9564 (N.Y. Ct. App. 2001).

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Opinion

—Appeal by the defendant from a judgment of the County Court, Nassau County (Belfi, J.), rendered June 29, 2000, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant has not preserved for appellate review his contention that the evidence was legally insufficient to establish his guilt of murder in the second degree based upon a theory of depraved indifference (see, CPL 470.05 [2]; People v Stahl, 53 NY2d 1048, 1050). 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 [581]*581establish 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]; People v Gaimari, 176 NY 84, 94; People v Garafolo, 44 AD2d 86, 88). Bracken, P. J., Luciano, Feuerstein and Adams, JJ., concur.

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—Appeal by the defendant from a judgment of the County Court, Nassau County (Belfi, J.), rendered June 29, 2000, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant has not preserved for appellate review his contention that the evidence was legally insufficient to establish his guilt of murder in the second degree based upon a theory of depraved indifference (see, CPL 470.05 [2]; People v Stahl, 53 NY2d 1048, 1050). 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 [581]*581establish 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]; People v Gaimari, 176 NY 84, 94; People v Garafolo, 44 AD2d 86, 88). Bracken, P. J., Luciano, Feuerstein and Adams, JJ., concur.

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287 A.D.2d 580, 731 N.Y.S.2d 655, 2001 N.Y. App. Div. LEXIS 9564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-merchant-nyappdiv-2001.

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