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People v. Capone

Appellate Division of the Supreme Court of New York, Second Department
Oct 7, 1985
114 A.D.2d 373 (N.Y. App. Div. 1985)

Opinion

October 7, 1985

Appeal from the County Court, Suffolk County (Copertino, J.).


Judgment affirmed.

Contrary to defendant's contentions, when viewed most favorably to the People and bearing in mind that the credibility, reliability and weight of the evidence was for the jury, the evidence adduced at trial was of sufficient quantity and quality to support the verdict (People v Malizia, 62 N.Y.2d 755, cert denied ___ US ___, 105 S Ct 327; People v Contes, 60 N.Y.2d 620). Moreover, the court's Sandoval ruling permitting inquiry into a prior usury conviction and the underlying facts of a larceny charge dismissed in satisfaction of defendant's plea of guilty to said usury charge was not an abuse of discretion (see, People v Williams, 56 N.Y.2d 236; People v Sandoval, 34 N.Y.2d 371; People v Alberti, 77 A.D.2d 602, cert denied 449 U.S. 1018).

Finally, the sentence imposed by the court was not unduly harsh under the circumstances. O'Connor, J.P., Rubin, Eiber and Kunzeman, JJ., concur.


Summaries of

People v. Capone

Appellate Division of the Supreme Court of New York, Second Department
Oct 7, 1985
114 A.D.2d 373 (N.Y. App. Div. 1985)
Case details for

People v. Capone

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GUISEPPE CAPONE, Also…

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

Date published: Oct 7, 1985

Citations

114 A.D.2d 373 (N.Y. App. Div. 1985)

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