From Casetext: Smarter Legal Research

People v. Lou

Appellate Division of the Supreme Court of New York, Second Department
Jul 15, 1996
229 A.D.2d 505 (N.Y. App. Div. 1996)

Opinion

July 15, 1996

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


Ordered that the judgment is affirmed.

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 beyond a reasonable doubt that the defendant, acting in concert (see, Penal Law § 20.00), possessed a firearm with the intent to use it unlawfully against another and murdered the victim (see, Penal Law § 265.03, 125.25 Penal [1]; People v. Whatley, 69 N.Y.2d 784; People v. Duncan,

46 N.Y.2d 74; People v. Rodriguez, 221 A.D.2d 381; People v. Jackson, 219 A.D.2d 676). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt is not against the weight of the evidence (CPL 470.15; People v. Grajales, 187 A.D.2d 631).

The sentence imposed is 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. Pizzuto, J.P., Santucci, Altman and Hart, JJ., concur.


Summaries of

People v. Lou

Appellate Division of the Supreme Court of New York, Second Department
Jul 15, 1996
229 A.D.2d 505 (N.Y. App. Div. 1996)
Case details for

People v. Lou

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID LOU, Appellant

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

Date published: Jul 15, 1996

Citations

229 A.D.2d 505 (N.Y. App. Div. 1996)
646 N.Y.S.2d 277

Citing Cases

State of N.Y. v. Cooper

In any event, viewing the evidence in the light most favorable to the prosecution ( see People v Contes, 60…