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People v. Clayton

Appellate Division of the Supreme Court of New York, Second Department
Jun 11, 2001
284 A.D.2d 407 (N.Y. App. Div. 2001)

Opinion

Submitted May 22, 2001

June 11, 2001

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gary, J.), rendered January 28, 2000, convicting him of criminal possession of a weapon in the fourth degree, after a nonjury trial, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Erica Horwitz of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Michael Gore, and Matthew S. Greenberg of counsel), for respondent.

Before: DAVID S. RITTER, J.P., SONDRA MILLER, SANDRA J. FEUERSTEIN, ROBERT W. SCHMIDT, JJ.


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 motion for dismissal was general in nature (see, People v. Robinson, 251 A.D.2d 354; People v. Udzinski, 146 A.D.2d 245). In any event, 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).


Summaries of

People v. Clayton

Appellate Division of the Supreme Court of New York, Second Department
Jun 11, 2001
284 A.D.2d 407 (N.Y. App. Div. 2001)
Case details for

People v. Clayton

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. AARON CLAYTON, APPELLANT

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

Date published: Jun 11, 2001

Citations

284 A.D.2d 407 (N.Y. App. Div. 2001)
726 N.Y.S.2d 282

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