From Casetext: Smarter Legal Research

People v. Gebala

Appellate Division of the Supreme Court of New York, Second Department
Sep 30, 1991
176 A.D.2d 345 (N.Y. App. Div. 1991)

Opinion

September 30, 1991

Appeal from the County Court, Nassau County (Harrington, J.).


Ordered that the judgment is affirmed and the matter is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (5).

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 was not against the weight of the evidence (see, CPL 470.15).

Although the court's decision denying the defendant's motion to suppress failed to set forth its findings of fact regarding the defendant's alleged state of intoxication during his questioning by police as required by CPL 710.60 (6), it is evident from the record that the defendant was not entitled to suppression of his statements (see, People v. Acosta, 74 A.D.2d 640).

We have reviewed the defendant's remaining contentions, including the alleged excessiveness of the sentence imposed, and find them to be either unpreserved for appellate review (see, CPL 470.05; see also, People v. Clink, 143 A.D.2d 838), without merit, or harmless in light of the overwhelming evidence of the defendant's guilt (see, People v. Baldi, 54 N.Y.2d 137; People v. Suitte, 90 A.D.2d 80; People v. Crimmins, 36 N.Y.2d 230). Mangano, P.J., Kunzeman, Miller and Copertino, JJ., concur.


Summaries of

People v. Gebala

Appellate Division of the Supreme Court of New York, Second Department
Sep 30, 1991
176 A.D.2d 345 (N.Y. App. Div. 1991)
Case details for

People v. Gebala

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERRY W. GEBALA…

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

Date published: Sep 30, 1991

Citations

176 A.D.2d 345 (N.Y. App. Div. 1991)

Citing Cases

People v. Fleming

Additionally, the hearing court's failure to make findings of fact pursuant to CPL 710.60 (6) does not…