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People v. Kotlyar

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1999
266 A.D.2d 315 (N.Y. App. Div. 1999)

Opinion

Argued October 4, 1999

November 8, 1999

Appeal by the defendant from a judgment of the Supreme Court, Kings County (George, J.), rendered March 13, 1997, convicting him of assault in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Gino Josh Singer, New York, N.Y., for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Jane S. Meyers of counsel), for respondent.

GUY JAMES MANGANO, P.J., LAWRENCE J. BRACKEN, SONDRA MILLER, THOMAS R. SULLIVAN, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to support his conviction is unpreserved for appellate review (see, CPL 470.05[2]; 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[5]).

The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80 ).

The defendant's remaining contentions are either unpreserved for appellate review or without merit.

MANGANO, P.J., BRACKEN, S. MILLER, and SULLIVAN, JJ., concur.


Summaries of

People v. Kotlyar

Appellate Division of the Supreme Court of New York, Second Department
Nov 8, 1999
266 A.D.2d 315 (N.Y. App. Div. 1999)
Case details for

People v. Kotlyar

Case Details

Full title:THE PEOPLE, etc., respondent, v. EDUARD KOTLYAR, appellant. (Ind. No…

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

Date published: Nov 8, 1999

Citations

266 A.D.2d 315 (N.Y. App. Div. 1999)
698 N.Y.S.2d 519