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People v. Fagan

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1997
240 A.D.2d 593 (N.Y. App. Div. 1997)

Opinion

June 16, 1997

Appeal from the County Court, Suffolk County (Tisch, 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 intent to commit the murder ( see, People v. Russo, 232 A.D.2d 585; People v Hogan, 219 A.D.2d 672). 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 sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are either unpreserved for appellate review, without merit, or do not warrant reversal.

Joy, J.P., Goldstein, Florio and McGinity, JJ., concur.


Summaries of

People v. Fagan

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1997
240 A.D.2d 593 (N.Y. App. Div. 1997)
Case details for

People v. Fagan

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CALBERT FAGAN…

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

Date published: Jun 16, 1997

Citations

240 A.D.2d 593 (N.Y. App. Div. 1997)
659 N.Y.S.2d 982

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