People v. Vivar

Appellate Division of the Supreme Court of New York

People v. Vivar

295 A.D.2d 459, 743 N.Y.S.2d 312, 2002 N.Y. App. Div. LEXIS 5966

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

DecidedJune 10, 2002

StatusPublished

Cited by1 cases

This text of 295 A.D.2d 459 (People v. Vivar) 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. Vivar, 295 A.D.2d 459, 743 N.Y.S.2d 312, 2002 N.Y. App. Div. LEXIS 5966 (N.Y. Ct. App. 2002).

Pincite

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered January 16, 2001, convicting him of criminal possession of a weapon in the second degree and as[460]*460sault 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 the evidence 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 (GPL 470.15 [5]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80). Santucci, J.P., Plorio, Goldstein and Townes, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered January 16, 2001, convicting him of criminal possession of a weapon in the second degree and as[460]*460sault 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 the evidence 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 (GPL 470.15 [5]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80). Santucci, J.P., Plorio, Goldstein and Townes, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

295 A.D.2d 459, 743 N.Y.S.2d 312, 2002 N.Y. App. Div. LEXIS 5966, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-vivar-nyappdiv-2002.

Opinion

Related

Cite This Page — Counsel Stack