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People v. Cutwright

Appellate Division of the Supreme Court of New York, Second Department
Apr 17, 1989
149 A.D.2d 608 (N.Y. App. Div. 1989)

Opinion

April 17, 1989

Appeal from the Supreme Court, Queens County (Posner, J.).


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 support the defendant's conviction. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).

Furthermore, the defendant's contention that the court unfairly marshaled the evidence is without merit. A review of the court's charge reveals that the marshalling of the evidence was done in an even-handed manner, and the court took care to insure that the jury understood that its recollection of the evidence controlled (see, People v. Saunders, 64 N.Y.2d 665; People v. Bell, 38 N.Y.2d 116).

The defendant's other contentions are without merit. Mangano, J.P., Bracken, Brown and Harwood, JJ., concur.


Summaries of

People v. Cutwright

Appellate Division of the Supreme Court of New York, Second Department
Apr 17, 1989
149 A.D.2d 608 (N.Y. App. Div. 1989)
Case details for

People v. Cutwright

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HERBERT CUTWRIGHT…

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

Date published: Apr 17, 1989

Citations

149 A.D.2d 608 (N.Y. App. Div. 1989)

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