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People v. Byrne

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 2002
290 A.D.2d 513 (N.Y. App. Div. 2002)

Opinion

1998-07268

Submitted January 4, 2002.

January 22, 2002.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Leach, J.), rendered July 22, 1998, convicting him of burglary in the second degree, burglary in the third degree, and petit larceny, upon a jury verdict, and imposing sentence.

Andrew C. Fine, New York, N.Y. (Jennifer M. Tsai of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Jeannetta Alexander of counsel), for respondent.

Before: NANCY E. SMITH, J.P., GABRIEL M. KRAUSMAN, ROBERT W. SCHMIDT, BARRY A. COZIER, JJ.


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 of burglary in the third degree 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 without merit.

SMITH, J.P., KRAUSMAN, SCHMIDT and COZIER, JJ., concur.


Summaries of

People v. Byrne

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 2002
290 A.D.2d 513 (N.Y. App. Div. 2002)
Case details for

People v. Byrne

Case Details

Full title:THE PEOPLE, ETC., respondent, v. NEIL BYRNE, a/k/a NIEL BYRNE, appellant

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

Date published: Jan 22, 2002

Citations

290 A.D.2d 513 (N.Y. App. Div. 2002)
736 N.Y.S.2d 256