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People v. James

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1999
265 A.D.2d 427 (N.Y. App. Div. 1999)

Opinion

Submitted June 22, 1999

October 12, 1999

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Erlbaum, J.).


ORDERED that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish his guilt of the crimes charged is unpreserved for appellate review ( see, CPL 470.05; People v. Udzinski, 146 A.D.2d 245). 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 contention is unpreserved for appellate review and, in any event, without merit.

THOMPSON, J.P., FRIEDMANN, SCHMIDT, and SMITH, JJ., concur.


Summaries of

People v. James

Appellate Division of the Supreme Court of New York, Second Department
Oct 12, 1999
265 A.D.2d 427 (N.Y. App. Div. 1999)
Case details for

People v. James

Case Details

Full title:The People, etc., respondent, v. Jesse James, appellant. (Ind. No. 2110/97)

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

Date published: Oct 12, 1999

Citations

265 A.D.2d 427 (N.Y. App. Div. 1999)
696 N.Y.S.2d 834

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