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People v. Franza

Appellate Division of the Supreme Court of New York, First Department
May 13, 1997
239 A.D.2d 201 (N.Y. App. Div. 1997)

Opinion

May 13, 1997

Appeal from Supreme Court, New York County (Paul Bookson, J.).


The circumstantial evidence of guilt, including several highly incriminating items of handwriting evidence, was legally sufficient, and the verdict was not against the weight of the evidence ( see, People v. Gates, 24 N.Y.2d 666, 668-669). Defendant's contention that there was no probable cause for the issuance of a search warrant for his apartment is without merit, since, under the circumstances, it was reasonable to conclude that the items used to make the pipebomb would be found in his residence ( see, People v. Mendez, 199 A.D.2d 182, lv denied 83 N.Y.2d 874). The court's charge on circumstantial evidence conveyed the appropriate standards ( People v. Sanchez, 61 N.Y.2d 1022). We perceive no abuse of discretion in sentencing. We have considered defendant's remaining contentions, including those addressed to the denial of his motion to vacate judgment, and find them to be without merit.

Concur — Sullivan, J.P., Milonas, Nardelli and Williams, JJ.


Summaries of

People v. Franza

Appellate Division of the Supreme Court of New York, First Department
May 13, 1997
239 A.D.2d 201 (N.Y. App. Div. 1997)
Case details for

People v. Franza

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOMINIC FRANZA…

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

Date published: May 13, 1997

Citations

239 A.D.2d 201 (N.Y. App. Div. 1997)
658 N.Y.S.2d 4

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