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People v. Evans

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1999
267 A.D.2d 397 (N.Y. App. Div. 1999)

Opinion

Submitted November 18, 1999

December 20, 1999

Appeal by the defendant from a judgment of the County Court, Nassau County (Cotter, J.), rendered May 27, 1998, convicting him of murder in the second degree, robbery in the first degree (two counts), criminal possession of a weapon in the second degree, and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Sally Wasserman, Westbury, N.Y., for appellant.

Denis Dillon, District Attorney, Mineola, N.Y. (Peter A. Weinstein and Edward Miller of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., SONDRA MILLER, MYRIAM J. ALTMAN DANIEL F. LUCIANO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's claim that the evidence was legally insufficient to support his convictions is not preserved for appellate review (see, CPL 470.05[2]). In any event, viewing the evidence in the light most favorable to the prosecution (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[5]).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

BRACKEN, J.P., S. MILLER, ALTMAN, and LUCIANO, JJ., concur.


Summaries of

People v. Evans

Appellate Division of the Supreme Court of New York, Second Department
Dec 20, 1999
267 A.D.2d 397 (N.Y. App. Div. 1999)
Case details for

People v. Evans

Case Details

Full title:The PEOPLE, etc., respondent, v. STANLEY L. EVANS, appellant. (Ind. No…

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

Date published: Dec 20, 1999

Citations

267 A.D.2d 397 (N.Y. App. Div. 1999)
700 N.Y.S.2d 741