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People v. McKinney [2d Dept 1999

Appellate Division of the Supreme Court of New York, Second Department
Aug 9, 1999
(N.Y. App. Div. Aug. 9, 1999)

Opinion

Submitted June 10, 1999

August 9, 1999

M. Sue Wycoff, New York, N.Y. (Paul Liu of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Cynthia Kean of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., THOMAS R. SULLIVAN, GLORIA GOLDSTEIN, LEO F. McGINITY, JJ.


DECISION ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lewis, J.), rendered November 25, 1996, convicting him of assault in the first degree (three counts), assault in the second degree (two counts), and criminal possession of a weapon in the third degree, after a nonjury trial, 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 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 defendant's sentence was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

BRACKEN, J.P., SULLIVAN, GOLDSTEIN, and McGINITY, JJ., concur.


Summaries of

People v. McKinney [2d Dept 1999

Appellate Division of the Supreme Court of New York, Second Department
Aug 9, 1999
(N.Y. App. Div. Aug. 9, 1999)
Case details for

People v. McKinney [2d Dept 1999

Case Details

Full title:THE PEOPLE, etc., respondent, v. DOUGLAS McKINNEY, appellant. (Ind. No…

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

Date published: Aug 9, 1999

Citations

(N.Y. App. Div. Aug. 9, 1999)