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People v. Barclay

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 2000
271 A.D.2d 542 (N.Y. App. Div. 2000)

Opinion

Argued February 28, 2000.

April 13, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Minardo, J.), rendered April 1, 1997, convicting him of rape in the first degree (two counts), assault in the second degree, and unlawful imprisonment, upon a jury verdict, and imposing sentence.

Richard L. Herzfeld, P.C., New York, N.Y., for appellant, and appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel), for respondent.

CORNELIUS J. O'BRIEN, J.P., THOMAS R. SULLIVAN, WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

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. 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[5]).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit.


Summaries of

People v. Barclay

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 2000
271 A.D.2d 542 (N.Y. App. Div. 2000)
Case details for

People v. Barclay

Case Details

Full title:The People, etc., respondent, v. Patrick H. Barclay, appellant. (Ind. No…

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

Date published: Apr 13, 2000

Citations

271 A.D.2d 542 (N.Y. App. Div. 2000)
705 N.Y.S.2d 896