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People v. Nolen

259 A.D.2d 766, 685 N.Y.S.2d 640, 1999 N.Y. App. Div. LEXIS 3139
CourtAppellate Division of the Supreme Court of the State of New York
DecidedMarch 29, 1999
StatusPublished

This text of 259 A.D.2d 766 (People v. Nolen) 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. Nolen, 259 A.D.2d 766, 685 N.Y.S.2d 640, 1999 N.Y. App. Div. LEXIS 3139 (N.Y. Ct. App. 1999).

Opinion

Appeal by the defendant from a judgment of the County Court, Dutchess County (Marlow, J.), rendered September 28, 1994, convicting him of grand larceny in the fourth degree and offering a false instrument for filing (five counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contention regarding the purported insufficiency of the evidence underlying his conviction is unpreserved for appellate review (see, CPL 470.05 [2]; People v Gray, 86 NY2d 10, 19-21; People v Udzinski, 146 AD2d 245). 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 court did not err in ordering the defendant to pay statutory surcharges as well as restitution to the Department of Social Services (see, Penal Law §§ 60.25, 60.27; People v Consalvo, 89 NY2d 140; People v Cabrera, 243 AD2d 720). In addition, the defendant was provided with effective assistance of counsel (see, People v Benn, 68 NY2d 941; People v Baldi, 54 NY2d 137; People v Ortiz, 174 AD2d 763).

The defendant’s sentence was not illegal or excessive (see, Penal Law § 70.25 [2]; People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are either unpreserved for appellate review or without merit. S. Miller, J. P., Ritter, Thompson and Joy, JJ., concur.

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Related

People v. Gray
652 N.E.2d 919 (New York Court of Appeals, 1995)
People v. Consalvo
674 N.E.2d 672 (New York Court of Appeals, 1996)
People v. Baldi
429 N.E.2d 400 (New York Court of Appeals, 1981)
People v. Contes
454 N.E.2d 932 (New York Court of Appeals, 1983)
People v. Benn
502 N.E.2d 996 (New York Court of Appeals, 1986)
People v. Suitte
90 A.D.2d 80 (Appellate Division of the Supreme Court of New York, 1982)
People v. Udzinski
146 A.D.2d 245 (Appellate Division of the Supreme Court of New York, 1989)
People v. Ortiz
174 A.D.2d 763 (Appellate Division of the Supreme Court of New York, 1991)
People v. Cabrera
243 A.D.2d 720 (Appellate Division of the Supreme Court of New York, 1997)

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Bluebook (online)
259 A.D.2d 766, 685 N.Y.S.2d 640, 1999 N.Y. App. Div. LEXIS 3139, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-nolen-nyappdiv-1999.