From Casetext: Smarter Legal Research

People v. Martinez

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 2000
278 A.D.2d 342 (N.Y. App. Div. 2000)

Opinion

Submitted November 14, 2000.

December 12, 2000.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Finnegan, J.), rendered October 19, 1998, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.

Lynn W. L. Fahey, New York, N.Y. (Winston McIntosh of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Michelle L. Blackman of counsel), for respondent.

Before: SONDRA MILLER, J.P., GLORIA GOLDSTEIN, HOWARD MILLER, NANCY E. SMITH, JJ.


DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that his conviction is not supported by legally sufficient evidence is unpreserved for appellate review (see, CPL 470.05; People v. Gray, 86 N.Y.2d 10). 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).


Summaries of

People v. Martinez

Appellate Division of the Supreme Court of New York, Second Department
Dec 12, 2000
278 A.D.2d 342 (N.Y. App. Div. 2000)
Case details for

People v. Martinez

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. MIRITO MARTINEZ, A/K/A PEDRO MARTINEZ…

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

Date published: Dec 12, 2000

Citations

278 A.D.2d 342 (N.Y. App. Div. 2000)
718 N.Y.S.2d 602