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People v. Gilmore

Appellate Division of the Supreme Court of New York, Second Department
Jun 9, 1997
240 A.D.2d 513 (N.Y. App. Div. 1997)

Opinion

June 9, 1997

Appeal from the Supreme Court, Kings County (McKay, J.).


Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his claim that the evidence was legally insufficient (see, CPL 470.05; People v. Udzinskz, 146 A.D.2d 245, 250). In any event, the prosecution sufficiently established, through the in-court identifications of the complainants, and the testimony of the police detective who took the defendant's statement after the incident, that the defendant was indeed the man who stole property from the complainants. Moreover, upon the exercise of our factual review power, we find that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).

The court properly determined that the defendant's statement to the police detective was voluntarily made under the totality of the circumstances (see, People v. Anderson, 42 N.Y.2d 35, 38).

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

Pizzuto, J.P., Santucci, Friedmann and Luciano, JJ., concur.


Summaries of

People v. Gilmore

Appellate Division of the Supreme Court of New York, Second Department
Jun 9, 1997
240 A.D.2d 513 (N.Y. App. Div. 1997)
Case details for

People v. Gilmore

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREGORY GILMORE…

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

Date published: Jun 9, 1997

Citations

240 A.D.2d 513 (N.Y. App. Div. 1997)
659 N.Y.S.2d 770