From Casetext: Smarter Legal Research

People v. Harvey

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 1997
243 A.D.2d 582 (N.Y. App. Div. 1997)

Opinion

October 14, 1997

Appeal from the County Court, Nassau County (Cotter, J.),


Ordered that the judgment is affirmed.

The defendant claims that the evidence was not legally sufficient to support his conviction because the testimony of the prosecution witnesses was incredible as a matter of law. However, the defendant's general motion to dismiss the indictment at the close of the People's case lacked the specificity required to preserve this issue for appellate review ( see, People v Torres, 219 A.D.2d 565; People v. Giersz, 207 A.D.2d 843). 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 without merit.

O'Brien, J.P., Santucci, Joy and Altman, JJ., concur.


Summaries of

People v. Harvey

Appellate Division of the Supreme Court of New York, Second Department
Oct 14, 1997
243 A.D.2d 582 (N.Y. App. Div. 1997)
Case details for

People v. Harvey

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GREGORY HARVEY…

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

Date published: Oct 14, 1997

Citations

243 A.D.2d 582 (N.Y. App. Div. 1997)
662 N.Y.S.2d 843