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People v. Fabian

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 2003
306 A.D.2d 420 (N.Y. App. Div. 2003)

Opinion

2000-08967

Argued June 3, 2003.

June 16, 2003.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered September 14, 2000, convicting him of burglary in the first degree, burglary in the second degree, robbery in the second degree (two counts), and unlawful imprisonment in the first degree (three counts), upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Sarah J. Berger of counsel), for appellant, and appellant pro se.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, Beverly Kalman, and Debra J. Kondel of counsel), for respondent.

Before: DAVID S. RITTER, J.P., SONDRA MILLER, GLORIA GOLDSTEIN, HOWARD MILLER, JJ.


DECISION ORDER

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 defendant's remaining contentions, including those raised in his supplemental pro se brief, either are unpreserved for appellate review or without merit.

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


Summaries of

People v. Fabian

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 2003
306 A.D.2d 420 (N.Y. App. Div. 2003)
Case details for

People v. Fabian

Case Details

Full title:THE PEOPLE, ETC., respondent, v. FRANCISCO FABIAN, appellant

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

Date published: Jun 16, 2003

Citations

306 A.D.2d 420 (N.Y. App. Div. 2003)
760 N.Y.S.2d 871

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