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People v. Gibbs

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1998
247 A.D.2d 629 (N.Y. App. Div. 1998)

Opinion

February 23, 1998

Appeal from the Supreme Court, Kings County (Aiello, J.).


Ordered that the judgment is affirmed.

The defendant's claim that the evidence adduced by the People was legally insufficient to support his conviction is unpreserved for appellate review ( see, CPL 470.05; People v. Johnson, 169 A.D.2d 779). In any event, 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 are either unpreserved for appellate review or without merit.

O'Brien, J.P., Sullivan, Friedmann and Goldstein, JJ., concur.


Summaries of

People v. Gibbs

Appellate Division of the Supreme Court of New York, Second Department
Feb 23, 1998
247 A.D.2d 629 (N.Y. App. Div. 1998)
Case details for

People v. Gibbs

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EARL GIBBS, Appellant

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

Date published: Feb 23, 1998

Citations

247 A.D.2d 629 (N.Y. App. Div. 1998)
669 N.Y.S.2d 243

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