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People v. Perez

Appellate Division of the Supreme Court of New York, Second Department
Oct 6, 2003
309 A.D.2d 769 (N.Y. App. Div. 2003)

Opinion

1999-10038

Argued September 8, 2003.

October 6, 2003.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Roman, J.), rendered October 12, 1999, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Barry Stendig of counsel), for appellant, and appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, Beverly Kalman, and Michael A. Wiesenfeld of counsel), for respondent.

Before: NANCY E. SMITH, J.P., SANDRA L. TOWNES, BARRY A. COZIER, WILLIAM F. MASTRO, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the evidence presented was legally insufficient to establish beyond a reasonable doubt that he committed the crimes of murder in the second degree and criminal possession of a weapon in the second degree is unpreserved for appellate review ( see CPL 470.05). In any event, 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.

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are unpreserved for appellate review, without merit, or do not require reversal.

SMITH, J.P., TOWNES, COZIER and MASTRO, JJ., concur.


Summaries of

People v. Perez

Appellate Division of the Supreme Court of New York, Second Department
Oct 6, 2003
309 A.D.2d 769 (N.Y. App. Div. 2003)
Case details for

People v. Perez

Case Details

Full title:THE PEOPLE, ETC., respondent, v. RICHARD PEREZ, appellant

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

Date published: Oct 6, 2003

Citations

309 A.D.2d 769 (N.Y. App. Div. 2003)
765 N.Y.S.2d 261

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