From Casetext: Smarter Legal Research

People v. Martin

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 14, 2002
295 A.D.2d 997 (N.Y. App. Div. 2002)

Opinion

KA 01-00830

June 14, 2002.

Appeal from a judgment of Supreme Court, Monroe County (Stander, J.), entered February 27, 2001, convicting defendant after a jury trial of burglary in the second degree.

EDWARD J. NOWAK, PUBLIC DEFENDER, ROCHESTER (TIMOTHY P. DONAHER OF COUNSEL), FOR DEFENDANT-APPELLANT.

HOWARD R. RELIN, DISTRICT ATTORNEY, ROCHESTER (LORETTA S. COURTNEY OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: PIGOTT, JR., P.J., GREEN, HURLBUTT, SCUDDER, AND BURNS, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

Defendant appeals from a judgment convicting him following a jury trial of burglary in the second degree (Penal Law § 140.25). Contrary to defendant's contention, the conviction is supported by legally sufficient evidence. The fingerprint evidence leads to "a conclusion of guilt beyond a reasonable doubt and excludes every reasonable hypothesis of innocence" ( People v. Hirsch, 280 A.D.2d 612, 613, lv denied 96 N.Y.2d 801, 940; see People v. Brown, 288 A.D.2d 233, lv denied 97 N.Y.2d 702; People v. Sparacino, 150 A.D.2d 814, lv denied 74 N.Y.2d 747). Also contrary to defendant's contention, the verdict is not against the weight of the evidence ( see People v. Bleakley, 69 N.Y.2d 490, 495). The sentence is neither unduly harsh nor severe.


Summaries of

People v. Martin

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 14, 2002
295 A.D.2d 997 (N.Y. App. Div. 2002)
Case details for

People v. Martin

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. LEONARD MARTIN…

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

Date published: Jun 14, 2002

Citations

295 A.D.2d 997 (N.Y. App. Div. 2002)
743 N.Y.S.2d 360