From Casetext: Smarter Legal Research

People v. Powers

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1998
256 A.D.2d 477 (N.Y. App. Div. 1998)

Opinion

December 16, 1998

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


Ordered that the judgment is affirmed.

The defendant's legal sufficiency claim is unpreserved for appellate review ( see, CPL 470.05; People v. Bynum, 70 N.Y.2d 858; People v. Tucker, 196 A.D.2d 902). 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. 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 remaining contentions are without merit.

Rosenblatt, J. P., Ritter, Copertino and Thompson, JJ., concur.


Summaries of

People v. Powers

Appellate Division of the Supreme Court of New York, Second Department
Dec 16, 1998
256 A.D.2d 477 (N.Y. App. Div. 1998)
Case details for

People v. Powers

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES POWERS, Appellant

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

Date published: Dec 16, 1998

Citations

256 A.D.2d 477 (N.Y. App. Div. 1998)
683 N.Y.S.2d 431