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People v. Kemp

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1999
266 A.D.2d 314 (N.Y. App. Div. 1999)

Opinion

Argued September 28, 1999

November 8, 1999

Cleary, Gottlieb, Steen Hamilton, New York, N.Y. (Richard F. Ziegler and Joseph T. Dixon of counsel), and M. Sue Wycoff, New York, N.Y. (David Crow of counsel), for appellant (one brief filed).

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie, Jodi L. Mandel, and Melissa P. Eisen of counsel), for respondent.

SONDRA MILLER, J.P., THOMAS R. SULLIVAN, GABRIEL M. KRAUSMAN, HOWARD MILLER, JJ.


DECISION ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Bruno, J.), rendered May 30, 1997, convicting him of assault 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.

Viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620 ), we find 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[5]).

The defendant's remaining contentions are without merit.

S. MILLER, J.P., SULLIVAN, KRAUSMAN, and H. MILLER, JJ., concur.


Summaries of

People v. Kemp

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1999
266 A.D.2d 314 (N.Y. App. Div. 1999)
Case details for

People v. Kemp

Case Details

Full title:THE PEOPLE, etc., respondent, v. PHILLIP KEMP, appellant. (Ind. No…

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

Date published: Nov 8, 1999

Citations

266 A.D.2d 314 (N.Y. App. Div. 1999)
698 N.Y.S.2d 519