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People v. Grayson

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 1996
226 A.D.2d 742 (N.Y. App. Div. 1996)

Opinion

April 29, 1996

Appeal from the Supreme Court, Queens County (Linakis, 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. 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 evidence of the defendant's prior uncharged crime in which he shot at the victim a week prior to the fatal shooting for which he was charged in the present case was properly admitted since it was evidence of the defendant's identity and motive ( see, People v. Alvino, 71 N.Y.2d 233; see, also, People v Ventimiglia, 52 N.Y.2d 350, 359).

Furthermore, viewing the representation afforded the defendant in light of the evidence, the law, and the circumstances presented here, the defendant received meaningful assistance from his trial counsel ( see, People v. Baldi, 54 N.Y.2d 137, 147).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit ( see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245). Mangano, P.J., Miller, Ritter and Pizzuto, JJ., concur.


Summaries of

People v. Grayson

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 1996
226 A.D.2d 742 (N.Y. App. Div. 1996)
Case details for

People v. Grayson

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NOEL GRAYSON, Appellant

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

Date published: Apr 29, 1996

Citations

226 A.D.2d 742 (N.Y. App. Div. 1996)
642 N.Y.S.2d 540