From Casetext: Smarter Legal Research

People v. Fonseca

Appellate Division of the Supreme Court of New York, Second Department
Oct 31, 1994
208 A.D.2d 949 (N.Y. App. Div. 1994)

Opinion

October 31, 1994

Appeal from the Supreme Court, Queens County (Rotker, 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 (see, Penal Law § 10.00; § 15.05 [3]; § 125.15 [1]; § 135.00 [1]; § 135.10; see also, People v Poliakov, 167 A.D.2d 115; People v. Heinsohn, 92 A.D.2d 574, affd 61 N.Y.2d 855; People v. Block, 168 A.D.2d 940; People v Lundquist, 151 A.D.2d 505). 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). O'Brien, J.P., Pizzuto, Altman and Hart, JJ., concur.


Summaries of

People v. Fonseca

Appellate Division of the Supreme Court of New York, Second Department
Oct 31, 1994
208 A.D.2d 949 (N.Y. App. Div. 1994)
Case details for

People v. Fonseca

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY FONSECA…

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

Date published: Oct 31, 1994

Citations

208 A.D.2d 949 (N.Y. App. Div. 1994)
618 N.Y.S.2d 574

Citing Cases

Fonseca v. Breslin

Since the amended commitment order made no reference to the unlawful imprisonment count, the sentence for…