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People v. Albelo

Appellate Division of the Supreme Court of New York, Second Department
Apr 17, 1995
214 A.D.2d 678 (N.Y. App. Div. 1995)

Opinion

April 17, 1995

Appeal from the Supreme Court, Kings County (Broomer, J.).


Ordered that the judgment is affirmed.

The issue of the legal sufficiency of the evidence was not preserved for appellate review (see, CPL 470.05). In any event, viewing the evidence in the light most favorable to the People (see, People v Contes, 60 N.Y.2d 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).

In addition, the defendant's challenges to the jury charge are not preserved for appellate review (see, CPL 470.05). In any event, the jury charge did not constitute error.

Finally, the sentence imposed was not excessive (see, People v Suitte, 90 A.D.2d 80). Thompson, J.P., Santucci, Joy and Friedmann, JJ., concur.


Summaries of

People v. Albelo

Appellate Division of the Supreme Court of New York, Second Department
Apr 17, 1995
214 A.D.2d 678 (N.Y. App. Div. 1995)
Case details for

People v. Albelo

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID ALBELO, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 17, 1995

Citations

214 A.D.2d 678 (N.Y. App. Div. 1995)
625 N.Y.S.2d 929