People v. Ocasio

Appellate Division of the Supreme Court of New York

People v. Ocasio

239 A.D.2d 363, 657 N.Y.S.2d 972, 1997 N.Y. App. Div. LEXIS 4568

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

DecidedMay 5, 1997

StatusPublished

This text of 239 A.D.2d 363 (People v. Ocasio) 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. Ocasio, 239 A.D.2d 363, 657 N.Y.S.2d 972, 1997 N.Y. App. Div. LEXIS 4568 (N.Y. Ct. App. 1997).

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Opinion

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mastro, J.), rendered December 14, 1995, convicting him of attempted murder in the second degree and criminal possession of a weapon 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 pros[364]*364ecution (see, People n Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see, People v Gonzalez, 216 AD2d 412). 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 (CPL 470.15 [5]).

The sentence imposed was neither harsh nor excessive (see, People v Suitte, 90 AD2d 80). The defendant’s remaining contentions lack merit. Rosenblatt, J. P., Sullivan, Pizzuto and Friedmann, JJ., concur.

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Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mastro, J.), rendered December 14, 1995, convicting him of attempted murder in the second degree and criminal possession of a weapon 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 pros[364]*364ecution (see, People n Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see, People v Gonzalez, 216 AD2d 412). 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 (CPL 470.15 [5]).

The sentence imposed was neither harsh nor excessive (see, People v Suitte, 90 AD2d 80). The defendant’s remaining contentions lack merit. Rosenblatt, J. P., Sullivan, Pizzuto and Friedmann, JJ., concur.

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Bluebook (online)

239 A.D.2d 363, 657 N.Y.S.2d 972, 1997 N.Y. App. Div. LEXIS 4568, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ocasio-nyappdiv-1997.

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