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People v. Encisco

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1999
266 A.D.2d 232 (N.Y. App. Div. 1999)

Opinion

Submitted September 21, 1999

November 1, 1999

Patricia W. Jellen, Eastchester, N.Y., for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Judith Berger-Eforo and Richard E. Weill of counsel), for respondent.

SONDRA MILLER, J.P., DAVID S. RITTER, ANITA R. FLORIO, HOWARD MILLER, JJ.


DECISION ORDER

Appeal by the defendant from a judgment of the County Court, Westchester County (Mulroy, J.), rendered November 20, 1997, convicting him of attempted rape in the first degree and sexual abuse in the first degree, after a nonjury trial, and imposing sentence.

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[5]).

Further, contrary to the defendant's contention, he received meaningful representation of counsel under the totality of the circumstances (see, People v. Flores, 84 N.Y.2d 184, 187 ; People v. Ellis, 81 N.Y.2d 854, 856 ; People v. Baldi, 54 N.Y.2d 137, 147 ).

S. MILLER, J.P., RITTER, FLORIO, and H. MILLER, JJ., concur.


Summaries of

People v. Encisco

Appellate Division of the Supreme Court of New York, Second Department
Nov 1, 1999
266 A.D.2d 232 (N.Y. App. Div. 1999)
Case details for

People v. Encisco

Case Details

Full title:THE PEOPLE, etc., respondent, v. ALEX ENCISCO, appellant. (Ind. No…

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

Date published: Nov 1, 1999

Citations

266 A.D.2d 232 (N.Y. App. Div. 1999)
696 N.Y.S.2d 896