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People v. John

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 1988
145 A.D.2d 508 (N.Y. App. Div. 1988)

Opinion

December 12, 1988

Appeal from the County Court, Rockland County (Edelstein, J.).


Ordered that the judgment and order are affirmed.

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. The People demonstrated that defendant's actions "`forged a link in the chain of causes which actually brought about the death'" of the decedent (see, Matter of Anthony M., 63 N.Y.2d 270, 280, quoting from People v Stewart, 40 N.Y.2d 692, 697). 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).

The papers submitted by the defendant, in support of his CPL 440.10 motion failed, as a matter of law, to demonstrate that he was denied the effective assistance of counsel (see generally, People v Satterfield, 66 N.Y.2d 796, 798-799; People v Baldi, 54 N.Y.2d 137, 146).

We have examined the defendant's remaining arguments, including those addressed to the sentence imposed, and find them to be either unpreserved for appellate review, or without merit (see, People v Pena, 50 N.Y.2d 400, cert denied 449 U.S. 1087; People v Sanders, 128 A.D.2d 741, lv denied 69 N.Y.2d 954; People v Suitte, 90 A.D.2d 80). Mangano, J.P., Brown, Kooper and Harwood, JJ., concur.


Summaries of

People v. John

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 1988
145 A.D.2d 508 (N.Y. App. Div. 1988)
Case details for

People v. John

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NEIL JOHN, Also Known…

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

Date published: Dec 12, 1988

Citations

145 A.D.2d 508 (N.Y. App. Div. 1988)