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People v. Garcia

Appellate Division of the Supreme Court of New York, First Department
Apr 7, 1994
203 A.D.2d 72 (N.Y. App. Div. 1994)

Opinion

April 7, 1994

Appeal from the Supreme Court, Bronx County (David Stadtmauer, J.).


A presumption of regularity attends all judgments of conviction (People v Bell, 36 A.D.2d 406, 408, affd 29 N.Y.2d 882), which it was defendant's burden to rebut by establishing the existence of genuine appealable and reviewable issues (People v Glass, 43 N.Y.2d 283, 287; People v Council, 162 A.D.2d 365, lv denied 76 N.Y.2d 984). The reconstructed record shows that defendant offered no affirmative proof to rebut this presumption but only conjecture and supposition, and otherwise contains overwhelming indications of defendant's guilt. Accordingly, defendant is not entitled to a reversal of his conviction.

Concur — Carro, J.P., Wallach, Asch, Nardelli and Williams, JJ.


Summaries of

People v. Garcia

Appellate Division of the Supreme Court of New York, First Department
Apr 7, 1994
203 A.D.2d 72 (N.Y. App. Div. 1994)
Case details for

People v. Garcia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CARLOS GARCIA…

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

Date published: Apr 7, 1994

Citations

203 A.D.2d 72 (N.Y. App. Div. 1994)
612 N.Y.S.2d 836

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