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People v. Rosado

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1998
248 A.D.2d 566 (N.Y. App. Div. 1998)

Opinion

March 9, 1998

Appeal from the Supreme Court, Westchester County (Cirigliano, J.).


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. The proof was sufficient for the jury to infer that it was the purpose of both the defendant and his coperpetrator to rob and to cause the death of the victim, and that the defendant therefore possessed the requisite mental culpability for the commission of each offense for which he stands convicted ( see, People v. Allah, 71 N.Y.2d 830, 832; People v. Woodbourne, 237 A.D.2d 547; People v. White, 162 A.D.2d 646).

The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

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

O'Brien, J. P., Thompson, Sullivan and Pizzuto, JJ., concur.


Summaries of

People v. Rosado

Appellate Division of the Supreme Court of New York, Second Department
Mar 9, 1998
248 A.D.2d 566 (N.Y. App. Div. 1998)
Case details for

People v. Rosado

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EFRAIN ROSADO…

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

Date published: Mar 9, 1998

Citations

248 A.D.2d 566 (N.Y. App. Div. 1998)
669 N.Y.S.2d 880