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People v. Boyd

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 2000
270 A.D.2d 429 (N.Y. App. Div. 2000)

Opinion

Submitted February 14, 2000

March 23, 2000

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Juviler, J.), rendered December 4, 1997, convicting him of criminal possession of a weapon in the second degree, after a nonjury trial, and imposing sentence.

Robin C. Smith, Brooklyn, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen of counsel), for respondent.

LAWRENCE J. BRACKEN, J.P., CORNELIUS J. O'BRIEN, THOMAS R. SULLIVAN, DANIEL F. LUCIANO, 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 sentence imposed was not unduly harsh or excessive (see,People v. Suitte, 90 A.D.2d 80 ).

BRACKEN, J.P., O'BRIEN, SULLIVAN, and LUCIANO, JJ., concur.


Summaries of

People v. Boyd

Appellate Division of the Supreme Court of New York, Second Department
Mar 23, 2000
270 A.D.2d 429 (N.Y. App. Div. 2000)
Case details for

People v. Boyd

Case Details

Full title:THE PEOPLE, etc., respondent, v. LARRY BOYD, appellant. (Ind. No. 3924/97)

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

Date published: Mar 23, 2000

Citations

270 A.D.2d 429 (N.Y. App. Div. 2000)
705 N.Y.S.2d 272