From Casetext: Smarter Legal Research

People v. Graybosch

Appellate Division of the Supreme Court of New York, Second Department
Mar 14, 1988
138 A.D.2d 515 (N.Y. App. Div. 1988)

Opinion

March 14, 1988

Appeal from the County Court, Suffolk County (Vaughn, J.).


Ordered that the judgment is affirmed.

While there were concededly deficiencies in the procedure to determine whether the defendant was a second felony offender, he admitted to having a prior felony conviction and thus waived any error in the allocution procedure.

The defendant contends that because his explanation for his presence on the roof of the premises in question approximately 75 feet from the damaged portion was uncontroverted, and the People's proof failed to connect him to the damage on the roof, his guilt was not proven beyond a reasonable doubt. Viewing the evidence adduced at the trial in a light most favorable to the People (People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to support the conviction. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict was not against the weight of the evidence (CPL 470.15).

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Mollen, P.J., Kunzeman, Weinstein and Rubin, JJ., concur.


Summaries of

People v. Graybosch

Appellate Division of the Supreme Court of New York, Second Department
Mar 14, 1988
138 A.D.2d 515 (N.Y. App. Div. 1988)
Case details for

People v. Graybosch

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD GRAYBOSCH, Also…

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

Date published: Mar 14, 1988

Citations

138 A.D.2d 515 (N.Y. App. Div. 1988)

Citing Cases

People v. Sullivan

When the defendant fails to raise an objection, and when, as a result, the legality of the sentence cannot be…