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People v. Maxwell

Appellate Division of the Supreme Court of New York, Second Department
Jul 8, 1996
229 A.D.2d 450 (N.Y. App. Div. 1996)

Opinion

July 8, 1996

Appeal from the County Court, Orange County (Pano Z. Patsalos, J.).


Ordered that the judgment is affirmed.

The defendant's contention that the evidence was legally insufficient to establish his guilt of assault in the second degree and criminal possession of a weapon in the fourth degree is unpreserved for appellate review ( see, CPL 470.05). 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).

The defendant's sentence was neither harsh nor excessive ( see, People v. Suitte, 90 A.D.2d 80). Miller, J.P., Ritter, Santucci and Altman, JJ., concur.


Summaries of

People v. Maxwell

Appellate Division of the Supreme Court of New York, Second Department
Jul 8, 1996
229 A.D.2d 450 (N.Y. App. Div. 1996)
Case details for

People v. Maxwell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KEVIN MAXWELL…

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

Date published: Jul 8, 1996

Citations

229 A.D.2d 450 (N.Y. App. Div. 1996)
644 N.Y.S.2d 904