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People v. Claudio

Appellate Division of the Supreme Court of New York, Second Department
Jan 31, 2000
268 A.D.2d 595 (N.Y. App. Div. 2000)

Opinion

Argued December 14, 1999

January 31, 2000

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Fisher, J.), rendered March 13, 1997, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

M. Sue Wycoff, New York, N.Y. (Natalie Rea of counsel), for appellant and appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Donna Aldea of counsel), for respondent.

DAVID S. RITTER, J.P., WILLIAM D. FRIEDMANN, SANDRA J. FEUERSTEIN, NANCY E. SMITH, 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[15]).

The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).

The defendant's remaining contention lacks merit.

RITTER, J.P., FRIEDMANN, FEUERSTEIN, and SMITH, JJ., concur.


Summaries of

People v. Claudio

Appellate Division of the Supreme Court of New York, Second Department
Jan 31, 2000
268 A.D.2d 595 (N.Y. App. Div. 2000)
Case details for

People v. Claudio

Case Details

Full title:THE PEOPLE, etc., respondent, v. ERIC CLAUDIO, appellant. (Ind. No. 587/95)

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

Date published: Jan 31, 2000

Citations

268 A.D.2d 595 (N.Y. App. Div. 2000)
702 N.Y.S.2d 836

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