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People v. Horowitz

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 2000
276 A.D.2d 717 (N.Y. App. Div. 2000)

Opinion

Submitted September 19, 2000

October 24, 2000.

Appeal by the defendant from a judgment of the County Court, Nassau County (Kowtna, J.), rendered October 16, 1998, convicting him of criminal possession of a weapon in the fourth degree and menacing in the second degree, upon a jury verdict, and imposing sentence.

Leon H. Tracy, Jericho, N.Y., for appellant.

Denis Dillon, District Attorney, Mineola, N.Y. (Judith R. Sternberg and Karen Wigle Weiss of counsel), for respondent.

Before: DAVID S. RITTER, J.P., HOWARD MILLER, SANDRA J. FEUERSTEIN, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant failed to preserve for appellate review his contention that the evidence was legally insufficient to establish his guilt beyond a reasonable doubt (see, CPL 470.05; People v. Gray, 86 N.Y.2d 10). In any event, viewing the evidence in the light most favorable to the People (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 was not against the weight of the evidence (see, CPL 470.15).

The defendant's remaining contention is without merit.


Summaries of

People v. Horowitz

Appellate Division of the Supreme Court of New York, Second Department
Oct 24, 2000
276 A.D.2d 717 (N.Y. App. Div. 2000)
Case details for

People v. Horowitz

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. SCOT HOROWITZ, APPELLANT. (IND. NO. 96369)

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

Date published: Oct 24, 2000

Citations

276 A.D.2d 717 (N.Y. App. Div. 2000)
717 N.Y.S.2d 544