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People v. Lunan

Appellate Division of the Supreme Court of New York, Second Department
Jun 2, 2003
306 A.D.2d 292 (N.Y. App. Div. 2003)

Opinion

2000-08635

Submitted May 13, 2003.

June 2, 2003.

Appeal by the defendant from a judgment of the County Court, Orange County (DeRosa, J.), rendered September 5, 2000, convicting her of reckless endangerment in the first degree, criminally negligent homicide, and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

Susan B. Marhoffer, Mount Kisco, N.Y., for appellant.

Francis D. Phillips II, District Attorney, Goshen, N.Y. (David R. Huey and Daniel M. Reback of counsel), for respondent.

Before: A. GAIL PRUDENTI, P.J., DAVID S. RITTER, NANCY E. SMITH, BARRY A. COZIER, JJ.


DECISION ORDER

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 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 without merit.

PRUDENTI, P.J., RITTER, SMITH and COZIER, JJ., concur.


Summaries of

People v. Lunan

Appellate Division of the Supreme Court of New York, Second Department
Jun 2, 2003
306 A.D.2d 292 (N.Y. App. Div. 2003)
Case details for

People v. Lunan

Case Details

Full title:THE PEOPLE, ETC., respondent, v. MELISSA LUNAN, appellant

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

Date published: Jun 2, 2003

Citations

306 A.D.2d 292 (N.Y. App. Div. 2003)
760 N.Y.S.2d 329