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People v. Delrosario

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 1998
247 A.D.2d 547 (N.Y. App. Div. 1998)

Opinion

February 17, 1998

Appeal from the County Court, Rockland County (Kelly, J.).


Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt ( see, CPL 470.15; People v. Udzinski, 146 A.D.2d 245). In any event, viewing the circumstantial evidence in the light most favorable to the prosecution ( see, People v. Cabey, 85 N.Y.2d 417, 421; People v. Williams, 84 N.Y.2d 925, 926), 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).

The defendant's remaining contentions are either unpreserved for appellate review ( see, People v. Iannone, 45 N.Y.2d 589; People v. Smith, 113 A.D.2d 905, 907) or do not require reversal ( see, People v. Cohen, 201 A.D.2d 494, 495).

Mangano, P.J., Bracken, Copertino and Santucci, JJ., concur.


Summaries of

People v. Delrosario

Appellate Division of the Supreme Court of New York, Second Department
Feb 17, 1998
247 A.D.2d 547 (N.Y. App. Div. 1998)
Case details for

People v. Delrosario

Case Details

Full title:THE PEOPLE OF OF STATE OF NEW YORK, Respondent, v. ALDO DELROSARIO…

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

Date published: Feb 17, 1998

Citations

247 A.D.2d 547 (N.Y. App. Div. 1998)
668 N.Y.S.2d 475