People v. Whitehead
This text of 140 A.D.3d 904 (People v. Whitehead) 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.
Opinion
Appeal by the defendant from a judgment of the Supreme Court, Rockland County (Kelly, J.), rendered August 6, 2014, convicting him of gang assault in the second degree and assault in the third degree, upon a jury verdict, and imposing sentence.
*905 Ordered that the judgment is affirmed.
The defendant’s contention that the People failed to adduce legally sufficient evidence to prove his guilt beyond a reasonable doubt is unpreserved for appellate review (see People v Hawkins, 11 NY3d 484, 492 [2008]). In any event, viewing the evidence in the light most favorable to the People (see People v Danielson, 9 NY3d 342, 349 [2007]; People v Contes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish the defendant’s guilt beyond a reasonable doubt (see People v Mead, 134 AD3d 960, 960 [2015]; People v Lormil, 134 AD3d 958, 959 [2015]; People v Carson, 126 AD3d 996, 996 [2015]; People v Monserrate, 90 AD3d 785, 788 [2011]; People v Williams, 14 AD3d 519, 519 [2005]). 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]; People v Romero, 7 NY3d 633, 640-641 [2006]; People v Bleakley, 69 NY2d 490, 495 [1987]).
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140 A.D.3d 904, 31 N.Y.S.3d 896, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-whitehead-nyappdiv-2016.