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People v. Flores

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 2005
24 A.D.3d 568 (N.Y. App. Div. 2005)

Opinion

2002-09672.

December 12, 2005.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demarest, J.), rendered October 16, 2002, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Before: Prudenti, P.J., H. Miller, Mastro and Lunn, JJ., concur.


Ordered that the judgment is affirmed.

The defendant's contention that the verdict was not supported by legally sufficient evidence is unpreserved for appellate review. In any event, viewing the evidence in the light most favorable to the prosecution ( see People v. Contes, 60 NY2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt of murder in the second degree. 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).

The sentence imposed was not excessive ( see People v. Suitte, 90 AD2d 80).

The defendant's remaining contentions are without merit.


Summaries of

People v. Flores

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 2005
24 A.D.3d 568 (N.Y. App. Div. 2005)
Case details for

People v. Flores

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ARTURO FLORES…

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

Date published: Dec 12, 2005

Citations

24 A.D.3d 568 (N.Y. App. Div. 2005)
805 N.Y.S.2d 292