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People v. Butler

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1999
265 A.D.2d 487 (N.Y. App. Div. 1999)

Opinion

Submitted June 29, 1999

October 18, 1999

Appeal by the defendant from a judgment of the Supreme Court, Queens County (McDonald, J.).


ORDERED that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish his guilt is unpreserved for appellate review since his attorney failed to make this argument with specificity before the trial court (see, CPL 470.15; People v. Gray, 86 N.Y.2d 10). In any event, viewing the evidence in the light most favorable to the prosecution (see, People v. Cabey, 85 N.Y.2d 417, 421; People v. Williams, 84 N.Y.2d 925, 926), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. A valid line of reasoning and permissible inferences could lead a rational person to the conclusion reached by the jury on the basis of the evidence at trial (see, People v. Dorsey, 242 A.D.2d 734). 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 (see, CPL 470.15) or without merit.

JOY, J.P., FRIEDMANN, SCHMIDT, and SMITH, JJ., concur.


Summaries of

People v. Butler

Appellate Division of the Supreme Court of New York, Second Department
Oct 18, 1999
265 A.D.2d 487 (N.Y. App. Div. 1999)
Case details for

People v. Butler

Case Details

Full title:THE PEOPLE, etc., respondent, v. KENNETH BUTLER, appellant. (Ind. No…

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

Date published: Oct 18, 1999

Citations

265 A.D.2d 487 (N.Y. App. Div. 1999)
697 N.Y.S.2d 633

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