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People v. Stewart

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1998
250 A.D.2d 714 (N.Y. App. Div. 1998)

Opinion

May 11, 1998

Appeal from the Supreme Court, Kings County (Feldman, J.).


Ordered that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to support the conviction 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 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 either unpreserved for appellate review, without merit, or do not require reversal.

Ritter, J.P., Goldstein, McGinity and Luciano, JJ., concur.


Summaries of

People v. Stewart

Appellate Division of the Supreme Court of New York, Second Department
May 11, 1998
250 A.D.2d 714 (N.Y. App. Div. 1998)
Case details for

People v. Stewart

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RANDOLPH STEWART…

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

Date published: May 11, 1998

Citations

250 A.D.2d 714 (N.Y. App. Div. 1998)
672 N.Y.S.2d 770

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