People v. Mitchiner

Appellate Division of the Supreme Court of New York

People v. Mitchiner

277 A.D.2d 399, 716 N.Y.S.2d 885, 2000 N.Y. App. Div. LEXIS 12144

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

DecidedNovember 20, 2000

StatusPublished

This text of 277 A.D.2d 399 (People v. Mitchiner) 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. Mitchiner, 277 A.D.2d 399, 716 N.Y.S.2d 885, 2000 N.Y. App. Div. LEXIS 12144 (N.Y. Ct. App. 2000).

Pincite

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hall, J.), rendered May 30, 1996, convicting him of murder in the second 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), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see, People v Williams, 84 NY2d 925, 926). 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 contentions are either without merit or do not require reversal. O’Brien, J. P., Thompson, H. Miller and Schmidt, JJ., concur.

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