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People v. McKenzie

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 2000
276 A.D.2d 499 (N.Y. App. Div. 2000)

Opinion

Argued May 30, 2000

October 2, 2000.

Appeal by the defendant from a judgment of the County Court, Westchester County (LaCava, J.), rendered June 30, 1998, convicting him of manslaughter in the first degree, assault in the second degree, criminal possession of a weapon in the second degree, criminal possession of a weapon in the third degree, and criminal use of a weapon in the first degree, upon a jury verdict, and imposing sentence.

Lisa H. Blitman, New York, N.Y., for appellant.

Jeanine Pirro, District Attorney, White Plains, N.Y. (Valerie A. Livingston and Richard Longworth Hecht of counsel), for respondent.

Before: CORNELIUS J. O'BRIEN, J.P., WILLIAM C. THOMPSON, THOMAS R. SULLIVAN, MYRIAM J. ALTMAN, 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 62 0), 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 neither harsh nor excessive (see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions are without merit.


Summaries of

People v. McKenzie

Appellate Division of the Supreme Court of New York, Second Department
Oct 2, 2000
276 A.D.2d 499 (N.Y. App. Div. 2000)
Case details for

People v. McKenzie

Case Details

Full title:THE PEOPLE, ETC., RESPONDENT, v. ROBERT McKENZIE, APPELLANT. (Ind. No…

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

Date published: Oct 2, 2000

Citations

276 A.D.2d 499 (N.Y. App. Div. 2000)
713 N.Y.S.2d 876