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People v. Powell

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1998
255 A.D.2d 404 (N.Y. App. Div. 1998)

Opinion

November 9, 1998

Appeal from the County Court, Suffolk County (Jones, J.).


Ordered that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish her guilt of assault in the second degree is unpreserved for appellate review ( see, CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Udzinski, 146 A.D.2d 245,). In any event, 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 was not against the weight of the evidence ( see, CPL 470.15).

The defendant's sentence is not excessive ( see, People v. Suitte, 90 A.D.2d 80).

Rosenblatt, J. P., Copertino, McGinity and Luciano, JJ., concur.


Summaries of

People v. Powell

Appellate Division of the Supreme Court of New York, Second Department
Nov 9, 1998
255 A.D.2d 404 (N.Y. App. Div. 1998)
Case details for

People v. Powell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EVETTE POWELL, Also…

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

Date published: Nov 9, 1998

Citations

255 A.D.2d 404 (N.Y. App. Div. 1998)
681 N.Y.S.2d 48