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People v. Holloway

Appellate Division of the Supreme Court of New York, Second Department
Apr 30, 2001
282 A.D.2d 758 (N.Y. App. Div. 2001)

Opinion

March 27, 2001

April 30, 2001.

Salvatore C. Adamo, New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Elaine Block of counsel), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., DAVID S. RITTER, LEO F. McGINITY, HOWARD MILLER, JJ.


DECISION ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dowling, J.), rendered August 5, 1997, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish his guilt of the crimes for which he was convicted is unpreserved for appellate review (see, People v. Gray, 86 N.Y.2d 10; People v. Udzinski, 146 A.D.2d 245). In any event, viewing the evidence adduced at trial 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).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review or do not warrant reversal.


Summaries of

People v. Holloway

Appellate Division of the Supreme Court of New York, Second Department
Apr 30, 2001
282 A.D.2d 758 (N.Y. App. Div. 2001)
Case details for

People v. Holloway

Case Details

Full title:THE PEOPLE, ETC., respondent, v. EDWIN T. HOLLOWAY, appellant

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

Date published: Apr 30, 2001

Citations

282 A.D.2d 758 (N.Y. App. Div. 2001)
724 N.Y.S.2d 345