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People v. Lenier

Appellate Division of the Supreme Court of New York, Second Department
Jun 27, 1988
141 A.D.2d 848 (N.Y. App. Div. 1988)

Opinion

June 27, 1988

Appeal from the Supreme Court, Queens County (Bianchi, J.).


Ordered that the judgment is affirmed.

That branch of the defendant's motion which was to controvert the search warrant was properly denied. The defendant failed to show that he had standing to challenge the warrant (see, People v Rodriguez, 69 N.Y.2d 159, 162). In any event, the warrant was valid (see, People v Nieves, 36 N.Y.2d 396; People v Rainey, 14 N.Y.2d 35).

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 of both crimes (see, Penal Law § 220.25; People v Frazier, 138 A.D.2d 401; People v Chandler, 121 A.D.2d 644, lv denied 68 N.Y.2d 913; People v Casanova, 117 A.D.2d 742, lv denied 67 N.Y.2d 940). Moreover, upon the exercise of our factual review power, we find that the verdicts were not against the weight of the evidence (see, CPL 470.15).

The defendant's remaining contention is without merit. Mangano, J.P., Bracken, Brown and Kunzeman, JJ., concur.


Summaries of

People v. Lenier

Appellate Division of the Supreme Court of New York, Second Department
Jun 27, 1988
141 A.D.2d 848 (N.Y. App. Div. 1988)
Case details for

People v. Lenier

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELLIS LENIER, Appellant

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

Date published: Jun 27, 1988

Citations

141 A.D.2d 848 (N.Y. App. Div. 1988)