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People v. Hayes

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1987
134 A.D.2d 614 (N.Y. App. Div. 1987)

Opinion

November 30, 1987

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


Ordered that the judgment is affirmed.

Contrary to the defendant's assertions, the evidence was legally sufficient to support his convictions of the crimes charged (see, Jackson v. Virginia, 443 U.S. 307, 319; People v Contes, 60 N.Y.2d 620, 621; People v. Bauer, 113 A.D.2d 543, 548). Moreover, upon the exercise of our factual review power, we are satisfied that the defendant's guilt was established beyond a reasonable doubt and that the verdict was not against the weight of the evidence (CPL 470.15).

The defendant's motion to set aside the verdict was untimely (see, People v. Satloff, 56 N.Y.2d 745, 746); in any event, it was without merit (People v. Tucker, 55 N.Y.2d 1, 4).

The summation was not objected to (CPL 470.05; People v Dordal, 55 N.Y.2d 954, 956) and therefore any claimed error was not preserved for appellate review. In any event, the court's sua sponte curative charge effectively dispelled any prejudice (see, People v. Galloway, 54 N.Y.2d 396, 399).

Finally, we have considered the defendant's remaining contentions and find them to be without merit. Mangano, J.P., Thompson, Kunzeman and Harwood, JJ., concur.


Summaries of

People v. Hayes

Appellate Division of the Supreme Court of New York, Second Department
Nov 30, 1987
134 A.D.2d 614 (N.Y. App. Div. 1987)
Case details for

People v. Hayes

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KENNETH HAYES…

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

Date published: Nov 30, 1987

Citations

134 A.D.2d 614 (N.Y. App. Div. 1987)