From Casetext: Smarter Legal Research

People v. Mathew

Appellate Division of the Supreme Court of New York, Second Department
Dec 3, 2001
289 A.D.2d 260 (N.Y. App. Div. 2001)

Opinion

1998-09953

Argued November 5, 2001

December 3, 2001.

Appeal by the defendant from a judgment of the County Court, Rockland County (Kelly, J.), rendered October 21, 1998, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial, after a hearing, of that branch of the defendant's omnibus motion which was to suppress statements he made to law enforcement authorities.

James D. Licata, New City, N.Y. (Lois Cappelletti of counsel), for appellant.

Michael E. Bongiorno, District Attorney, New City, N.Y. (Ann C. Sullivan of counsel), for respondent.

Before: DAVID S. RITTER, J.P., HOWARD MILLER, SANDRA J. FEUERSTEIN, A. GAIL PRUDENTI, 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 sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are without merit.

RITTER, J.P., H. MILLER, FEUERSTEIN and PRUDENTI, JJ., concur.


Summaries of

People v. Mathew

Appellate Division of the Supreme Court of New York, Second Department
Dec 3, 2001
289 A.D.2d 260 (N.Y. App. Div. 2001)
Case details for

People v. Mathew

Case Details

Full title:THE PEOPLE, ETC., respondent, v. THOMAS MATHEW, appellant

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

Date published: Dec 3, 2001

Citations

289 A.D.2d 260 (N.Y. App. Div. 2001)
734 N.Y.S.2d 475