People v. Mirayes

Appellate Division of the Supreme Court of New York

People v. Mirayes

284 A.D.2d 348, 725 N.Y.S.2d 880, 2001 N.Y. App. Div. LEXIS 5599

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

DecidedJune 4, 2001

StatusPublished

Cited by1 cases

This text of 284 A.D.2d 348 (People v. Mirayes) 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. Mirayes, 284 A.D.2d 348, 725 N.Y.S.2d 880, 2001 N.Y. App. Div. LEXIS 5599 (N.Y. Ct. App. 2001).

Pincite

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (F. Rivera, J.), rendered May 20, 1997, convicting him of manslaughter in the first degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenge to the legal sufficiency of the evidence is unpreserved for appellate review (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10; People v Williams, 187 AD2d 547). 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 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 contention is unpreserved for appellate review and, in any event, without merit. Krausman, J. P., Florio, Feuerstein and Cozier, JJ., concur.

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—Appeal by the defendant from a judgment of the Supreme Court, Kings County (F. Rivera, J.), rendered May 20, 1997, convicting him of manslaughter in the first degree, criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, after a nonjury trial, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s challenge to the legal sufficiency of the evidence is unpreserved for appellate review (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10; People v Williams, 187 AD2d 547). 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 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 contention is unpreserved for appellate review and, in any event, without merit. Krausman, J. P., Florio, Feuerstein and Cozier, JJ., concur.

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Bluebook (online)

284 A.D.2d 348, 725 N.Y.S.2d 880, 2001 N.Y. App. Div. LEXIS 5599, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-mirayes-nyappdiv-2001.

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