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People v. Deleon

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 360 (N.Y. App. Div. 1995)

Opinion

November 6, 1995

Appeal from the Supreme Court, Kings County (J. Goldberg, J.).


Ordered that the judgment is affirmed.

On April 27, 1989, at approximately 4:15 P.M., in the Park Slope neighborhood of Brooklyn, the defendant burglarized an apartment, taking jewelry and assorted coins. The defendant was seen leaving the apartment building by a member of the family whose apartment was burglarized. He was chased and was caught with the family's jewelry and coins in his jacket pockets. At the police precinct the defendant told the arresting officer that two dollars of the total amount taken from him for vouchering was his but that the rest was from the apartment. 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 was not against the weight of the evidence (see, CPL 470.15).

The sentence imposed was neither excessive nor harsh (see, People v Suitte, 90 A.D.2d 80). Mangano, P.J., Bracken, Sullivan and Rosenblatt, JJ., concur.


Summaries of

People v. Deleon

Appellate Division of the Supreme Court of New York, Second Department
Nov 6, 1995
221 A.D.2d 360 (N.Y. App. Div. 1995)
Case details for

People v. Deleon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELISEO DELEON, Also…

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

Date published: Nov 6, 1995

Citations

221 A.D.2d 360 (N.Y. App. Div. 1995)
633 N.Y.S.2d 519