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People v. DeSilvia

Appellate Division of the Supreme Court of New York, Second Department
Aug 24, 1998
253 A.D.2d 528 (N.Y. App. Div. 1998)

Opinion

August 24, 1998

Appeal from the Supreme Court, Kings County (Rivera, 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 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 trial court properly rejected the proposed plea agreemnent as unlawful ( see, CPL 220.10, [5] [c]; People v. Esajerre, 35 N.Y.2d 463).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

Bracken, J.P., Copertino, McGinity and Luciano, JJ., concur.


Summaries of

People v. DeSilvia

Appellate Division of the Supreme Court of New York, Second Department
Aug 24, 1998
253 A.D.2d 528 (N.Y. App. Div. 1998)
Case details for

People v. DeSilvia

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. XAVIER DeSILVIA…

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

Date published: Aug 24, 1998

Citations

253 A.D.2d 528 (N.Y. App. Div. 1998)
676 N.Y.S.2d 879

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