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People v. Midalgo [2d Dept 2000

Appellate Division of the Supreme Court of New York, Second Department
Feb 3, 2000
(N.Y. App. Div. Feb. 3, 2000)

Opinion

Submitted December 13, 1999

February 3, 2000

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered September 17, 1997, convicting him of attempted robbery in the first degree, assault in the second degree, and criminal possession of a weapon in the second degree (two counts), upon a jury verdict, and imposing sentence.

Mark Diamond, New York, N.Y., for appellant.

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

DANIEL W. JOY, J.P., MYRIAM J. ALTMAN, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the People (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[5]).

The defendant's remaining contentions are either unpreserved for appellate review (see, CPL 470.05[2]) or without merit.

JOY, J.P., ALTMAN, GOLDSTEIN, and SCHMIDT, JJ., concur.


Summaries of

People v. Midalgo [2d Dept 2000

Appellate Division of the Supreme Court of New York, Second Department
Feb 3, 2000
(N.Y. App. Div. Feb. 3, 2000)
Case details for

People v. Midalgo [2d Dept 2000

Case Details

Full title:THE PEOPLE, etc., respondent, v. GABRIAN MIDALGO, appellant. (Ind. No…

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

Date published: Feb 3, 2000

Citations

(N.Y. App. Div. Feb. 3, 2000)