People v. Vargas

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LUIS VARGAS, Appellant

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

Date published: Dec 28, 1998

256 A.D.2d 601 (N.Y. App. Div. 1998)

682 N.Y.S.2d 882

Opinion

December 28, 1998

Appeal from the Supreme Court, Queens County (Blumenfeld, J.).

Ordered that the judgment is affirmed.

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).

Bracken, J. P., Ritter, Copertino and Florio, JJ., concur.